The Land Registration (No. 3) Rules 1995

New rules 115 and 116

9.  The following rule is substituted for rule 116:

“Transfer of leasehold land, the rent being apportioned or land exonerated

116.— (1) A transfer of part of leasehold land in which the rent is apportioned or land is exonerated from it shall be made by an instrument in Form 34 or 34A, or as near thereto as circumstances will permit.

(2) Where in a transfer part of land held under an old tenancy is, without the consent of the lessor, expressed to be transferred exonerated from the entire rent, and the covenants in paragraph (ii) of Part X of Schedule 2 to the Law of Property Act 1925 as originally enacted are included, that paragraph shall apply as if:

(a) any reference to the balance of the rent were to the entire rent; and

(b) the words “, other than the covenant to pay the entire rent,” were omitted.

(3) Where in a transfer to which section 77(1)(D) of the Law of Property Act 1925 as originally enacted does not apply part of land held under an old tenancy is, without the consent of the lessor, expressed to be transferred subject to or charged with the entire rent, and the covenants in paragraph (i) of Part X of Schedule 2 to the Law of Property Act 1925 as originally enacted are included, that paragraph shall apply as if:

(a) any reference to the apportioned rent were to the entire rent; and

(b) the words “, other than the covenent to pay the entire rent,” were omitted.

(4) Where the transfer is a transfer of part of the land held under an old tenancy and covenants are to be implied under section 24 of the Act, express reference shall be made in the transfer to that section.”