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SCHEDULE 2LAND REGISTRATION AND RELATED MATTERS WHERE RIGHT TO BUY PRESERVED

Change of qualifying dwelling-house

5.—(1) This paragraph applies where by virtue of article 5 a new dwelling-house becomes the qualifying dwelling-house which—

(a)is entirely different from the previous qualifying dwelling-house, or

(b)includes new land,

and applies to the new dwelling-house or the new land, as the case may be.

(2) If the landlord's title is registered, the landlord shall apply for the entry on the register of a notice protecting the rights of the qualifying person or persons under the provisions of this order.

(3) A qualifying person may apply for the entry of such a notice and section 64(1) of the Land Registration Act 1925 (production of land certificate) does not apply to the entry of a notice or restriction on such an application; but without prejudice to the power of the Chief Land Registrar to call for the production of the certificate by the landlord.

(4) If the landlord's title is not registered, the rights of the qualifying person or persons under the provisions of this order are registrable under the Land Charges Act 1972 in the same way as an estate contract and the landlord shall, and a qualifying person may, apply for such registration.