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EFIS 40, June 2006 : Conveyancing

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Rules 5 and 8 of the Land Registration (Amendment No. 2) Rules 2005 prescribe certain clauses which must be contained at the beginning of all new leases for a term of years absolute granted on or after 19th June 2006.

Conveyancing practitioners should refer to the Land Registry’s Practice Guide 64 which was published in September 2005 for more detailed information on the background to these amendments.

We have provided our customers with three new forms of lease to comply with these new rules which the Land Registry’s Prescribed Clauses Team has also reviewed for us.

CON23 is a lease for residential property and CON24 is a lease designed for business or commercial premises.

Both CON23 and CON24 can be regarded as new forms which are loosely modelled on our current forms of lease, CON23B and CON24A.

Form CON25 can be used to create either a residential or business lease but its main function is to enable practitioners to insert their own clauses for leases in conjunction with the information prescribed by the Land Registration (Amendment No. 2) Rules 2005. However, practitioners should note that any amendments to CON25 may require conveyancers to consider whether any changes are necessary to the prescribed clauses. CON25-Flexi is a fully expandable version of this form.

CON25-Flexi can only be used with OyezForms V9.00D, which is available for download from the Program Downloads section: www.oyezforms.co.uk/progupdate

Conveyancing practitioners should not use any of Oyez’s existing forms of lease (CON23B and CON24A) on or after 19th June because they will not comply with the new rules for the registration of leases in excess of seven years. We therefore advise you to remove these forms from your system(s).

CON26 and CON26A should only be used where the lease does not exceed a period of seven years.

The Land Registry has encouraged the voluntary use of the new types of lease in applications submitted between 9th January and 19th June 2006.

Oyez’s customers can therefore use these revised editions of CON23, CON24 and CON25 on receipt of this update and must do so on or after 19th June.

This EFIS requires deletions. For deletion instructions, click here

Forms affected

CON23B Lease (Lessor repairs outside of premises) Withdrawn
CON24A Lease of a Shop Withdrawn
CON23 Residential Lease New/Amended
CON25 'Skeleton' Precedent for a [Residential] OR [Business] Lease New/Amended
CON24 Business Lease New/Amended
CON25-Flexi 'Skeleton' Precedent for a [Residential] OR [Business] Lease New/Amended

Crown copyright forms are reproduced with the permission of the Controller of the Stationery Office. Law Society forms are reproduced with the permission of the Law Society. Legal Aid Forms are produced with the permission of the LSC.