The Land Registration Act 2002 ('the act') extended the triggers for first registration to include leases granted for more than seven years and the assignment of leases which have more than seven years left to run.
This resulted in many more - particularly commercial - leases being registered on grant or assignment. Section 4(1) of the act requires a reversionary lease, however short, which is granted to take effect more than three months after the date of the grant to be registered.
With regard to voluntary registration, discontinuous leases of any length may be registered but one of no more than three years should not be registered. A discontinuous lease is only compulsorily registrable if the periods in possession, when added together, total more than seven years. However, it is recommended that you do not voluntarily register a discontinuous lease not exceeding three years.
Please see the Law Society’s Conveyancing Handbook (23rd edition) which is available for purchase from the Law Society’s online bookshop.
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Disclaimer: While every effort has been made to ensure the accuracy of the information in this article, it does not constitute legal advice and cannot be relied upon as such. The Law Society does not accept any responsibility for liabilities arising as a result of reliance upon the information given.