188体育

1. Overvieew

There are 14 types of lease closure transaction in total.聽

1.1 Lease closure 鈥� by disclaimer聽聽

Use where bankruptcy or liquidation has occurred.聽

1.2 Lease closure 鈥� by effluxion of time聽

Use when the term of a fixed term lease expired. The lease needs to be outside Landlord and Tenant Act 1954 and the Local Government Housing Act 1989. You can use panel 9 of the CN1 to provide confirmation. Where determined by notice, provide a copy of the notice.聽

1.3 Lease closure 鈥� by notice聽聽

Use where the lease is terminated, for example following exercise of a break notice. The lease needs to be outside Landlord and Tenant Act 1954 and the Local Government Housing Act 1989. You can use panel 9 of the CN1 to provide confirmation. Where determined by notice, provide a copy of the notice.聽

1.4 Lease closure 鈥� by forfeiture聽

Use where there is a court order for forfeiture, or the landlord has exercised peaceable re-entry under the lease and a statutory declaration or statement of truth has been provided. For example, where the tenant has not paid the rent, or the tenant has breached covenants of the lease. This option cannot be used on an assured tenancy.聽

1.5 Lease closure 鈥� merger with reversionary estate聽聽

Make sure you are able to apply for merger with reversionary estate before you select this transaction.聽

Two estates must be in same ownership (same person, same capacity, for example, one absolute owner and one trustee or personal representative - not possible). You may need to:聽

• provide evidence that the applicant holds all estates in the same capacity聽
• provide evidence that the applicant holds all estates upon the same trusts
• provide evidence that the trust no longer applies (so you鈥檒l need to apply to cancel the existing Form A restriction or apply for a Form A restriction on the title/titles which doesn鈥檛 have one together with a certificate that the applicant holds all estates upon the same trusts,

If you are also lodging an application for transfer or Form A restriction in a transfer, make sure you choose the correct priority order (for example, transfer first)聽

1.6 Lease closure 鈥� of assured tenancies following court order聽聽

Refer also to Schedules 1 and 7 of the Housing Act 1988.聽

This is only for use where the lease is registered.聽

1.7 Lease closure 鈥� on enlargement聽

Use to 鈥榚nlarge鈥� the residue of a long lease into a freehold, subject to the requirements of LPA 1925 s153.聽

1.8 Lease closure 鈥� on frustration聽聽

Use for the automatic determination of a lease by the doctrine of frustration, not by an event referred to in the 鈥榝rustration clause鈥� in the lease.聽

1.9 Lease closure 鈥� surrender by deed聽聽

The tenant surrenders the interest by way of deed and the landlord accepts. There is no prescribed form this can take but the landlord must consent to the surrender and evidence of this consent must be lodged.鈥痀ou will need to lodge a copy of the deed of surrender OR other deed effecting the surrender.聽

1.10 Lease closure 鈥� surrender by deed (not for value or reverse premium)聽

As above, but not for value.聽

1.11 Lease closure 鈥� surrender by deed (together with transfer)聽聽

Use when surrender is being effected by a transfer. This transfers it to the reversionary estate (for example, to the landlord).聽

Select 鈥楲ease closure - surrender by deed (together with transfer)鈥� and 鈥楾ransfer鈥�. Make sure the surrender is clear in the additional provisions panel, or by including a letter making it clear.聽

The鈥痩andlord鈥痬ust鈥痗onsent鈥痶o the surrender. Consent can be established by:聽

• lodging a letter of consent or by the landlord (or their鈥痗onveyancer) applying to close the registered鈥痩easehold鈥痶itle鈥痑nd/or cancel鈥痭otice鈥痮f the鈥痩ease,聽
• the鈥痙eed鈥�(or duplicate deeds signed separately) being executed by both the鈥痩andlord鈥痑nd鈥痶enant鈥痑nd incorporating wording along the following lines:聽

鈥淸Tenant] hereby [transfers and] surrenders to [landlord] the鈥痩and鈥痗omprised in the鈥痶itle鈥痑bove mentioned to the intent that the鈥痶erm鈥痮f years granted by the [registered]鈥痩ease鈥痬ay merge and be extinguished in the鈥痳eversion鈥痶hereof.鈥�

辞谤听

鈥淸Tenant] transfers and surrenders and releases to [landlord] all their estate and鈥痠nterest鈥痑nd rights in that part of the whole of the鈥痩and鈥痗omprised in the above鈥痶itle鈥痚dged 鈥� on the annexed plan (鈥榯he Surrendered鈥疞and鈥�), to the intent that the residue of the鈥痶erm鈥痮f years granted by the registered鈥痩ease鈥痠n so far as it relates to the Surrendered鈥疞and, and all or any other estate, interest or鈥痳ight鈥痮f the鈥疶enant鈥痠n the Surrendered鈥疞and, whether granted by or arising from the registered鈥痩ease鈥痮r any鈥痙eed鈥痮r document supplemental to it or otherwise, is to merge and be extinguished in the鈥痳eversion鈥痠mmediately expectant on the鈥痶erm鈥痮f years granted by the registered鈥痩ease.鈥澛�

1.12 Lease closure 鈥� surrender by deed (not for value or reverse premium)聽

As above, but not for value.聽

1.13 Lease closure 鈥� surrender by operation of law聽

This is to be used when there is implied surrender due to actions of both parties.鈥� In most cases鈥痽ou will need to鈥痩odge a鈥痵tatutory declaration or statement of truth confirming: any consideration paid, that no deed of surrender鈥痺as entered into,鈥痶hat premises have been vacated and if required, evidence to account for rent from any鈥痮ccupying under-lessee.聽

1.14 Lease closure 鈥� surrender by operation of law (not for value or reverse premium)聽

As above, but not for value.聽

2. Application details聽

This guidance covers the of registered leasehold titles. If the lease is noted, select 鈥楥ancellation of an unregistered noted lease (CN1)鈥� as the transaction.聽

Lease closure transactions appear as either standalone register updates or can be added as additional titles on TP and New Lease applications.聽

This guidance deals exclusively with standalone applications to close a lease.聽

Select 鈥樷€楿pdating, adding, removing or noting information about an existing title on the register鈥�.聽

Enter the closing leasehold title and the landlord title number(s). This will trigger an application on both titles so that the leasehold title is closed, and the note of the lease is removed from the landlord title.聽

2.1 Transaction selection聽

All 14 lease closure options appear on the transaction list. Select the type of lease closure required.聽

You do not need to lodge a CN1 to remove the note of a registered lease on the landlord title.聽聽

The fee is calculated automatically.聽聽

2.2 Entering transaction details聽

Tenant and landlord details are required to populate the e-AP1 (and mirror the input of transferee and transferor capture).聽

2.3 Attachments and evidence required聽

Document prompts are dynamic and will populate based on the transaction 鈥� where the required evidence is various, the 鈥楢ttach and certify document鈥� screen will display a dropdown list of options.