The Conveyancing Association (CA) has in conjunction with HM Land Registry launched a new survey as part of an informal consultation to gather views on landlord/management company restrictions used to enforce covenants in leases.
The CA is seeking to inform the HM Land Registry’s work in this area – an example of a restriction would be one that requires consent to assignment of the lease, or a certificate that a clause in the lease has been complied with.
Most lease enforcement restrictions are entered at the registrar’s discretion. The registrar must be satisfied they are necessary or desirable. HM Land Registry is not looking at restrictions that must be entered by statute.
The survey is looking to establish whether the landlord/management company restrictions are necessary/desirable, the difficulties (or otherwise) in receiving information, the issue of costs, and whether HM Land Registry should cancel all restrictions until they are required by Statute.
It is also seeking insight into the advantages or disadvantages that such restrictions give landlords/tenants and what HM Land Registry could change, in terms of policy, relating to these restrictions.
The survey, which you can access by clicking here, is currently open and will run until Tuesday 6th February.
All responses can be anonymous unless those taking part choose to identify themselves in their comments.
“In support of government policy to make conveyancing simpler, faster and cheaper HM Land Registry is reviewing its policy on landlord/management company restrictions in relation to leaseholds,” said Mike Westcott Rudd, acting general counsel & deputy chief land registrar at HM Land Registry.
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