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The Land Registration Rules 2003

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Registrable dispositions—Form

Form of transfer of registered estates

58.  A transfer of a registered estate must be in Form TP1, TP2, TP3, TR1, TR2, TR5, AS1 or AS3, as appropriate.

Transfers by way of exchange

59.  (1)  Where any registered estate is transferred wholly or partly in consideration of a transfer of another estate, the transaction must be effected by a transfer in one of the forms prescribed by rule 58.

(2) A receipt for the equality money (if any) must be given in the receipt panel and the following provision must be included in the additional provisions panel—

  • “This transfer is in consideration of a transfer (or conveyance, or as appropriate,) of (brief description of property exchanged) dated today [if applicable, and of the sum stated above paid for equality of exchange].”.

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

60.  (1)  A transfer of a registered leasehold estate in land which contains a legal apportionment of or exoneration from the rent reserved by the lease must include the following statement in the additional provisions panel, with any necessary alterations and additions—

  • Liability for the payment of [if applicable the previously apportioned rent of (amount) being part of] the rent reserved by the registered lease is apportioned between the Transferor and the Transferee as follows—

  • (amount) shall be payable out of the Property and the balance shall be payable out of the land remaining in title number (title number of retained land) or

  • the whole of that rent shall be payable out of the Property and none of it shall be payable out of the land remaining in title number (title number of retained land) or

  • the whole of that rent shall be payable out of the land remaining in title number (title number of retained land) and none of it shall be payable out of the Property.

(2) Where in a transfer of part of a registered leasehold estate which is held under an old tenancy that part is, without the consent of the lessor, expressed to be exonerated from the entire rent, and the covenants in paragraph 20(4) of Schedule 12 to the Act are included, that paragraph shall apply as if—

(a)the reference in paragraph 20(4)(a) to the rent apportioned to the part retained were to the entire rent, and

(b)the covenants in paragraphs 20(4)(b) and (c) extended to a covenant to pay the entire rent.

(3) Where in a transfer of part of a registered leasehold estate which is held under an old tenancy that part is, without the consent of the lessor, expressed to be subject to or charged with the entire rent, and the covenants in paragraph 20(3) of Schedule 12 to the Act are included, that paragraph shall apply as if—

(a)the reference in paragraph 20(3)(a) to the rent apportioned to the part transferred were to the entire rent, and

(b)the covenants in paragraphs 20(3)(b) and (c) extended to a covenant to pay the entire rent.

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