Residential Lease Drafting & Registration Issues - A Roundup

Introduction

At first sight the drafting of a residential lease appears a daunting task. There is so much that goes into it and numerous pitfalls if an important element is left out or is worded incorrectly causing later disputes and potential claims.

A lease is essentially the rule book for the lessor and lessee and the aim has to be a document that fully reflects what the parties have agreed. If they disagree later the lease ought to provide a framework to resolve matters to avoid possible litigation.

This webinar will shed a light on some common problem areas.

What You Will Learn

This webinar will cover the following:

• An overview of the essential contents of the lease
• Prescribed clauses and where Land Registry requires these, where they go and what wording they contain. Can they render the lease substantially defective?
• The layout of the lease, use of schedules and suggested order of clauses
• An examination of clauses from a typical flat lease and where you can go wrong
• Rights for the tenant including access, shelter and protection
• Reservations from the demise, light and air, access
• Tenant’s covenants - rent, service charge, alterations, assignment and underletting
• Regulations for the use of the property - pets and animals
• Landlord’s covenants including ‘quiet enjoyment’
• Land Registry Guide 25 - when do you need to register?
• Plans and Land Registry requirements - some common mistakes leading to rejection
• The Leasehold Reform (Ground Rent Act) 2022
• Mortgage protection clauses that need to be included in a shared ownership lease

This webinar was recorded on 17th January 2023