The Conveyancing Association (CA) has launched a new survey in conjunction with HM Land Registry as part of an informal consultation to gather views on landlord/management company restrictions used to enforce covenants in leases.
The CA is seeking to inform the HM Land Registry’s work in this area; an example of a restriction would be one that requires consent to assignment of the lease, or a certificate that a clause in the lease has been complied with.
Most lease enforcement restrictions are entered at the registrar’s discretion. The registrar must be satisfied they are necessary or desirable. HM Land Registry is not looking at restrictions that must be entered by statute.
The CA is urging its member firms, and all market stakeholders to give their views, on this important topic.
The survey asks stakeholders about whether the landlord/management company restrictions are necessary/desirable, the difficulties (or otherwise) in receiving information, the issue of costs, and whether HM Land Registry should cancel all restrictions until they are required by Statute.
It is also seeking insight into the advantages or disadvantages that such restrictions give landlords/tenants and what HM Land Registry could change, in terms of policy, relating to these restrictions.
The survey is now open and will run until 6 February at: https://www.snapsurveys.com/wh/s.asp?k=151239681269
All responses can be anonymous unless those taking part choose to identify themselves in their comments.
Beth Rudolf, director of delivery at The Conveyancing Association, said: “The CA welcomes this opportunity for its members and other stakeholders to input into HM Land Registry’s consultation on restrictions. Being at the coal face conveyancers are ideally placed to provide the real life view on the impact of restrictions within the conveyancing process.
“We would urge our members and all conveyancers to respond to the survey and indeed to pass it on to their contacts and colleagues across the industry so that Land Registry has a clear picture.”
Mike Westcott Rudd, acting general counsel & deputy chief land registrar at HM Land Registry, added: “In support of government policy to make conveyancing simpler, faster and cheaper HM Land Registry is reviewing its policy on landlord/management company restrictions in relation to leaseholds.
“In October 2017, HM Land Registry held an event to explore whether stakeholders consider management company restrictions necessary or desirable. In collaboration with the CA, we are now inviting its members and all stakeholders to take part in this survey.”
