deed of assignment of registered lease

Assignment of Lease

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What is an assignment of lease.

The assignment of lease is a title document that transfers all rights possessed by a lessee or tenant to a property to another party. The assignee takes the assignor’s place in the landlord-tenant relationship.

You can view an example of a lease assignment here .

How Lease Assignment Works

In cases where a tenant wants to or needs to get out of their lease before it expires, lease assignment provides a legal option to assign or transfer rights of the lease to someone else. For instance, if in a commercial lease a business leases a place for 12 months but the business moves or shuts down after 10 months, the person can transfer the lease to someone else through an assignment of the lease. In this case, they will not have to pay rent for the last two months as the new assigned tenant will be responsible for that.

However, before the original tenant can be released of any responsibilities associated with the lease, other requirements need to be satisfied. The landlord needs to consent to the lease transfer through a “License to Assign” document. It is crucial to complete this document before moving on to the assignment of lease as the landlord may refuse to approve the assignment.

Difference Between Assignment of Lease and Subletting

A transfer of the remaining interest in a lease, also known as assignment, is possible when implied rights to assign exist. Some leases do not allow assignment or sharing of possessions or property under a lease. An assignment ensures the complete transfer of the rights to the property from one tenant to another.

The assignor is no longer responsible for rent or utilities and other costs that they might have had under the lease. Here, the assignee becomes the tenant and takes over all responsibilities such as rent. However, unless the assignee is released of all liabilities by the landlord, they remain responsible if the new tenant defaults.

A sublease is a new lease agreement between the tenant (or the sublessor) and a third-party (or the sublessee) for a portion of the lease. The original lease agreement between the landlord and the sublessor (or original tenant) still remains in place. The original tenant still remains responsible for all duties set under the lease.

Here are some key differences between subletting and assigning a lease:

• Under a sublease, the original lease agreement still remains in place.
• The original tenant retains all responsibilities under a sublease agreement.
• A sublease can be for less than all of the property, such as for a room, general area, portion of the leased premises, etc.
• Subleasing can be for a portion of the lease term. For instance, a tenant can sublease the property for a month and then retain it after the third-party completes their month-long sublet.
• Since the sublease agreement is between the tenant and the third-party, rent is often negotiable, based on the term of the sublease and other circumstances.
• The third-party in a sublease agreement does not have a direct relationship with the landlord.
• The subtenant will need to seek consent of both the tenant and the landlord to make any repairs or changes to the property during their sublease.

Here is more on an assignment of lease here .

Parties Involved in Lease Assignment

There are three parties involved in a lease assignment – the landlord or owner of the property, the assignor and the assignee. The original lease agreement is between the landlord and the tenant, or the assignor. The lease agreement outlines the duties and responsibilities of both parties when it comes to renting the property. Now, when the tenant decides to assign the lease to a third-party, the third-party is known as the assignee. The assignee takes on the responsibilities laid under the original lease agreement between the assignor and the landlord. The landlord must consent to the assignment of the lease prior to the assignment.

For example, Jake is renting a commercial property for his business from Paul for two years beginning January 2013 up until January 2015. In January 2014, Jake suffers a financial crisis and has to close down his business to move to a different city. Jake doesn’t want to continue paying rent on the property as he will not be using it for a year left of the lease. Jake’s friend, John would soon be turning his digital business into a brick-and-mortar store. John has been looking for a space to kick start his venture. Jake can assign his space for the rest of the lease term to John through an assignment of lease. Jake will need to seek the approval of his landlord and then begin the assignment process. Here, Jake will be the assignor who transfers all his lease related duties and responsibilities to John, who will be the assignee.

You can read more on lease agreements here .

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Assignment of Lease From Seller to Buyer

In case of a residential property, a landlord can assign his leases to the new buyer of the building. The landlord will assign the right to collect rent to the buyer. This will allow the buyer to collect any and all rent from existing tenants in that property. This assignment can also include the assignment of security deposits, if the parties agree to it. This type of assignment provides protection to the buyer so they can collect rent on the property.

The assignment of a lease from the seller to a buyer also requires that all tenants are made aware of the sale of the property. The buyer-seller should give proper notice to the tenants along with a notice of assignment of lease signed by both the buyer and the seller. Tenants should also be informed about the contact information of the new landlord and the payment methods to be used to pay rent to the new landlord.

You can read more on buyer-seller lease assignments here .

Get Help with an Assignment of Lease

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I am a business law attorney with over 10 years’ experience and a strong background in information technology. I am a graduate of the University of California Berkeley, a member of the Illinois bar and a licensed lawyer (Solicitor) of England and Wales. I actively partner directly with my clients or indirectly, as Of Counsel, to boutique law firms to streamline business practices and manage legal risks by focusing on essentials such as - business contracts, corporate structure, employment/independent contractor agreements, website terms and policies, IP, technology, and commercial related agreements as well as business risk and compliance guidance.

I am a New Jersey licensed attorney and I have been in practice for over nineteen years. My practice mainly consists of representing public entities (municipalities, school boards, etc) and businesses, both small and large. In that capacity, much of work consists of drafting, reviewing and revising contracts.

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Miami-based duly licensed attorney and customs broker with significant experience in various types of supply chain business agreements, as well as experience in entertainment law.

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How Do You Assign or Transfer a Commercial Lease?

By Jessica Dinh Lawyer

Updated on December 15, 2023 Reading time: 5 minutes

This article meets our strict editorial principles. Our lawyers, experienced writers and legally trained editorial team put every effort into ensuring the information published on our website is accurate. We encourage you to seek independent legal advice. Learn more .

• 1. Seek Your Landlord’s Consent 

2. Deed of Assignment

3. transferring a retail lease, key takeaways.

If you lease a commercial property to operate your business, there may be situations where you need to transfer the lease. There are usually two situations when a tenant will transfer (also known as an assignment ) a commercial lease to another party (the assignee) before the end of a lease term. Namely, where the tenant is:

• selling their business, and the purchaser agrees to accept the existing lease rather than enter into a new lease with the landlord; or
• is proposing to exit the lease and has found a party who will take on the existing lease.

This article explains how the transfer of a commercial lease works. It also explains the critical terms of the deed of assignment from the perspective of the landlord, tenant and assignee.

1. Seek Your Landlord’s Consent 

As soon as you propose an assignment as a tenant, you should:

• review the existing lease to identify if the lease can be assigned;
• identify the requirements of landlord’s consent upon assignment; and
• correspond with the landlord or agent as to consent and approval of the proposed assignee under the lease. 

When seeking your landlord’s consent for the assignment, the proposed new tenant must usually provide their financial and business references to the landlord.

Can a Landlord Refuse to Assign a Retail Lease? 

If the lease is a retail lease, the landlord will not be able to withhold consent to an assignment unreasonably. The retail legislation (different in each state) provides the grounds on which the landlord can withhold their consent. These generally include the:

• assignee proposes to change the permitted use;
• assignee has financial resources or retailing skills that are inferior to the assignor, and
• assignor has not complied with the relevant steps, per the retail legislation in that particular state, including providing a disclosure statement.

Ensure that you check the retail legislation in that particular state when carrying out an assignment.

After obtaining the landlord’s consent, a deed of consent to assignment is prepared (deed of consent).

A deed of consent is a legal document that outlines that the:

• landlord confirms their consent to the transfer of lease;
• tenant agrees to transfer their entire interest in the lease to the assignee from a specific date (the assignment date); and
• assignee, or new tenant, agrees to assume the rights and obligations of the lease as if they were the original tenant (such as repairs, security and payment of rent and outgoings) from the assignment date. This will continue until the end of the lease term and during any option or renewal terms.

The Landlord

Generally, the landlord’s key concern is that the transfer does not affect their rights under the lease. The landlord can address this concern by ensuring that the original tenant (assignor) has complied with all of their obligations under the lease until the assignment date. The landlord will have the right to take action against the tenant after the assignment date for any existing breach of the lease. 

Additionally, the landlord will want to make sure that the assignee can comply with the lease obligations. This will often involve an assessment of the assignee as a tenant. The landlord will thoroughly examine the information before confirming their consent to the transfer. This might include: 

• financial statements; 
• business history; and 
• professional references. 

Finally, there is usually an agreement about who is liable for the costs of the deed of assignment. The landlord’s lawyer usually prepares the agreement. However, the outgoing tenant or the incoming tenant pays these costs, not the landlord.

The deed of assignment usually requires the assignee to give the relevant security and guarantees.

The Outgoing Tenant

As the outgoing tenant, your key concern is to be released from your obligations under the lease from the assignment date. The deed of assignment can address this concern by specifying that:

• the tenant is released from any claims or liabilities under the lease from the assignment date (provided that there is not an existing breach of the lease); and
• if the tenant has provided any security, it is to be returned or refunded.

It is important for you to remember that you are bound to the terms of the lease until the transfer of the commercial lease is formalised through the deed of assignment. Accordingly, you should continue to comply with your obligations under the lease until the assignment date.

On that note, a landlord might not agree to release you entirely from your obligations if the retail legislation in your state does not prevent this. This means that if the new tenant defaults, you could be responsible for fulfilling the lease obligations. In that case, you would need guarantees or an indemnity from the new tenant.

If the transfer of deed has to be registered, typically with retail leases, you (the assignor) usually organise the registration of the transfer, whose costs are divided with the new tenant  (the assignee).

The Assignee

The new tenant’s, or the assignee’s, key concern is for the landlord to accept the transfer of the commercial lease from the assignment date. The deed of assignment can address this concern by providing that:

• the landlord accepts the assignee as tenant from the assignment date;
• the landlord will observe their obligations specified in the lease in favour of the assignee; and
• if required in the relevant state, the parties sign a transfer of lease form and register the transfer at the land titles office.

The assignee should ensure that they have reviewed the contents of the commercial lease (including the disclosure statement if it is a retail lease). Then, they must review the lease before signing the deed of assignment. This is because the assignee will need to comply with the obligations of the tenant from the assignment date. These obligations may include the provision of security and a personal guarantee.

A personal guarantee is taken on by an individual to guarantee the obligations of another individual or entity. For example, the assignee providing may provide a personal guarantee where a particular party becomes a guarantor. If you cannot meet your obligations (such as to pay the lease), then the guarantor will have to meet that obligation themselves.

Before finalising the deed of assignment, it is important that the landlord, assignor and assignee agree on who bears the costs of preparing, negotiating and registering the deed of assignment. Generally, you, as the assignee, will bear the costs. However, you may choose to add a cap or exclude negotiation costs. 

If the lease you are transferring is a retail lease, the tenant will typically need to give the assignee a disclosure statement. This statement also includes details of any changes to the disclosure statement that the landlord provided when the lease was first entered into.

The disclosure statement outlines the vital information that the assignee needs to know, including the:

• current annual rent under the lease;
• current estimated outgoings payable under the lease;
• term of the lease and any options to renew; and
• details of the premises. 

Generally, the tenant may request an updated disclosure statement from the landlord before the transfer of the commercial lease. The landlord has an obligation to provide the updated disclosure statement, usually within 14 days from the date of the request.

The disclosure statement requirements differ between the states and territories. For example, in:

• New South Wales, the assignee must receive the disclosure statement at least seven days before the date of the transfer; and
• Victoria and Queensland, the assignee must receive the disclosure statement at least seven days before the assignor requests the landlord’s consent.

The consequences of failing to provide a disclosure statement also differ between the states and territories. For example, the assignee may:

• withhold payment of rent;
• seek compensation from the landlord; or
• terminate the lease within a specific timeframe.

It is essential for all parties to be aware of the requirements and consequences of the disclosure statement provisions in their particular state or territory.

Additionally, transferring a lease may also lead to stamp duty implications . Stamp duty is a tax imposed on the purchase of assets and transactions of property. Therefore, if you are transferring a lease, you will commonly have to pay stamp duty. It is important that you are aware of the circumstances where you, as a tenant, will be required to pay stamp duty.

A factsheet that sets out the three ways to end a commercial lease in Australia: surrendering your lease, assigning it or subletting it.

Whether you are a landlord, tenant or assignee, it is crucial that you understand your rights and obligations when transferring a commercial lease. Further, the transfer of a retail lease leads to additional requirements and consequences related to the disclosure statement. Finally, you need to be aware of the steps you should take to ensure a smooth assignment.

If you need assistance with drafting or reviewing the terms of a deed of assignment, our experienced leasing lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 1300 544 755 or visit our membership page .

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Deed of Assignment: Everything You Need to Know

A deed of assignment refers to a legal document that records the transfer of ownership of a real estate property from one party to another. 3 min read updated on January 01, 2024

Updated October 8,2020:

A deed of assignment refers to a legal document that records the transfer of ownership of a real estate property from one party to another. It states that a specific piece of property will belong to the assignee and no longer belong to the assignor starting from a specified date. In order to be valid, a deed of assignment must contain certain types of information and meet a number of requirements.

What Is an Assignment?

An assignment is similar to an outright transfer, but it is slightly different. It takes place when one of two parties who have entered into a contract decides to transfer all of his or her rights and obligations to a third party and completely remove himself or herself from the contract.

Also called the assignee, the third party effectively replaces the former contracting party and consequently assumes all of his or her rights and obligations. Unless it is stated in the original contract, both parties to the initial contract are typically required to express approval of an assignment before it can occur. When you sell a piece of property, you are making an assignment of it to the buyer through the paperwork you sign at closing.

What Is a Deed of Assignment?

A deed of assignment refers to a legal document that facilitates the legal transfer of ownership of real estate property. It is an important document that must be securely stored at all times, especially in the case of real estate.

In general, this document can be described as a document that is drafted and signed to promise or guarantee the transfer of ownership of a real estate property on a specified date. In other words, it serves as the evidence of the transfer of ownership of the property, with the stipulation that there is a certain timeframe in which actual ownership will begin.

The deed of assignment is the main document between the seller and buyer that proves ownership in favor of the seller. The party who is transferring his or her rights to the property is known as the “assignor,” while the party who is receiving the rights is called the “assignee.”

A deed of assignment is required in many different situations, the most common of which is the transfer of ownership of a property. For example, a developer of a new house has to sign a deed of assignment with a buyer, stating that the house will belong to him or her on a certain date. Nevertheless, the buyer may want to sell the house to someone else in the future, which will also require the signing of a deed of assignment.

This document is necessary because it serves as a temporary title deed in the event that the actual title deed for the house has not been issued. For every piece of property that will be sold before the issuance of a title deed, a deed of assignment will be required.

Requirements for a Deed of Assignment

In order to be legally enforceable, an absolute sale deed must provide a clear description of the property being transferred, such as its address or other information that distinguishes it from other properties. In addition, it must clearly identify the buyer and seller and state the date when the transfer will become legally effective, the purchase price, and other relevant information.

In today's real estate transactions, contracting parties usually use an ancillary real estate sale contract in an attempt to cram all the required information into a deed. Nonetheless, the information found in the contract must be referenced by the deed.

Information to Include in a Deed of Assignment

• Names of parties to the agreement
• Addresses of the parties and how they are binding on the parties' successors, friends, and other people who represent them in any capacity
• History of the property being transferred, from the time it was first acquired to the time it is about to be sold
• Agreed price of the property
• Size and description of the property
• Promises or covenants the parties will undertake to execute the deed
• Signatures of the parties
• Section for the Governors Consent or Commissioner of Oaths to sign and verify the agreement

If you need help understanding, drafting, or signing a deed of assignment, you can post your legal need on UpCounsel's marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.

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• Assignment Law
• Deed Contract Agreement
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• Housing, local and community
• Housing and communities
• Leases: when to register (PG25)

Practice guide 25: leases - when to register

Updated 7 March 2024

Applies to England and Wales

© Crown copyright 2024

This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/version/3 or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: [email protected] .

Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned.

This publication is available at https://www.gov.uk/government/publications/leases-when-to-register/practice-guide-25-leases-when-to-register

Please note that HM Land Registry’s practice guides are aimed primarily at solicitors and other conveyancers. They often deal with complex matters and use legal terms.

1. Introduction

The Land Registration Act 2002, together with the Land Registration Rules 2003, changes the categories of leases that are now either compulsorily or voluntarily registrable, and also the leases that we can note.

Not every leasehold estate is capable of being registered with its own title, but the Land Registration Act 2002 substantially extends the scope of title registration, for example, many more business leases will be subject to compulsory registration.

The information within this guide applies to:

• leases dated on or after 13 October 2003
• leases existing before 13 October 2003
• assignments, transfers (on sale, by way of gift or by order of court) or assents, including vesting assents, dated on or after 13 October 2003, of existing leasehold estates having more than seven years of the term left to run
• first legal mortgages dated on or after 13 October 2003
• giving effect to a partition of land subject to a trust of land
• by a deed that appoints, or by virtue of section 334 of the Charities Act 2011 has effect as if it appointed, a new trustee or is made in consequence of the appointment of a new trustee
• by a vesting order under section 44 of the Trustee Act 1925 that is consequential on the appointment of a new trustee.

See also practice guide 62: easements for details of the registration requirements in respect of easements granted in leases.

2. How to apply the Land Registration Act 2002 and Land Registration Rules 2003: compulsory registration

Section 4 of the Land Registration Act 2002 specifically sets out the circumstances when an application for first registration must be made.

The estate owner, or their successor in title, must apply for first registration – see section 6(1) of the Land Registration Act 2002.

The period for registration is two months from the date of the deed inducing registration – see section 6(4) of the Land Registration Act 2002. However, an order can be made to extend the period of registration – see section 6(5) of the Land Registration Act 2002.

Section 27(2)(b) of the Land Registration Act 2002 specifically sets out the circumstances when leases out of a registered title must be registered.

Section 4(5A) of the Land Registration Act 2002 exempts relevant social housing tenancies from compulsory registration, regardless of term.

2.1 New leases granted for a term of more than seven years out of unregistered land

See section 4(1)(c) of the Land Registration Act 2002.

Leases granted for a term of more than seven years from the date of the grant, out of either an unregistered freehold or leasehold estates, will be compulsorily registrable provided they are either:

• for valuable or other consideration – that under section 4(6) of the Land Registration Act 2002 includes estates that have a negative value
• grants for the purpose of setting up a trust, where the person setting up the trust, ‘the settlor’, does not retain the whole of the beneficial interest
• transfers of the legal title to the beneficial owners, where the settlor did not retain the whole of the beneficial interest when the trust was set up
• pursuant to an order of any court

2.2 New leases for a term of more than seven years out of a registered title

See section 27(2)(b)(i) of the Land Registration Act 2002.

Leases granted out of existing registered titles, that are for a term of more than seven years from the date of the grant are compulsorily registrable.

2.3 Transfers or assignments of unregistered leases having more than seven years of the term unexpired

See sections 4(1)(a), 4(1)(aa) (as introduced by the Land Registration Act 2002 (Amendment) Order 2008) and 4(2)(b) of the Land Registration Act 2002.

Transfers or assignments of unregistered leases, that at the time of the transfers (or assignments) have more than seven years to run, are compulsorily registrable if they are made either:

• transfers for the purpose of setting up a trust, where the person setting up the trust, ‘the settlor’, does not retain the whole of the beneficial interest
• by means of an assent – including a vesting assent
• to give effect to a partition of land subject to a trust of land
• by a deed that appoints, or by virtue of section 334 of the Charities Act 2011 has effect as if it appointed, a new trustee or that is made in consequence of the appointment of a new trustee
• by a vesting order under section 44 of the Trustee Act 1925 that is consequential on the appointment of a new trustee

Note: Not all transfers or assignments attract compulsory registration.

The following are specific types of transfer or assignment that are not subject to compulsory registration

• however, a transfer by operation of law that is within section 4(1)(aa) of the Land Registration Act 2002, such as, when property vests in a new trustee by an express vesting declaration, or one that is implied, under section 40 of the Trustee Act 1925 in a deed appointing a new trustee, is subject to compulsory registration
• an assignment of a mortgage term, ie mortgage by demise – see section 4(4)(a) of the Land Registration Act 2002
• an assignment or surrender of a lease to the owner of the immediate reversion where the term is to merge into that reversion – see section 4(4)(b) of the Land Registration Act 2002

2.4 Transfers or assignments of unregistered leases where section 171A of the Housing Act 1985 applies

See section 4(1)(b) of the Land Registration Act 2002.

All transfers of unregistered leases, irrespective of the length of the term of the lease, made pursuant to section 171A of the Housing Act 1985 (Preserved Right to Buy) are compulsorily registrable.

2.5 Transfers of any registered leases

See section 27(2)(a) of the Land Registration Act 2002.

Most transfers of registered leases, irrespective of the length of the term of the lease, are compulsorily registrable. However, the following transfers by operation of law are not required to be registered:

• a transfer on the death or bankruptcy of an individual proprietor
• a transfer on the dissolution of a corporate proprietor

2.6 Right to buy leases: Part V of the Housing Act 1985

See sections 4(1)(e) and 27(2)(b)(iv) of the Land Registration Act 2002.

All leases, irrespective of the length of the term of the lease, made pursuant to Part V of the Housing Act 1985 are compulsorily registrable.

2.7 Leases where section 171A of the Housing Act 1985 applies

See sections 4(1)(f) and 27(2)(b)(v) of the Land Registration Act 2002.

All leases, irrespective of the length of the term of the lease, made pursuant to section 171A of the Housing Act 1985 (Preserved Right to Buy) are compulsorily registrable.

2.8 Reversionary leases taking effect more than three months from the date of the grant

See sections 4(1)(d) and 27(2)(b)(ii) of the Land Registration Act 2002.

A ‘reversionary’ lease gives the lessee a right to possession of the leased property in the future, ie the lessee does not have an immediate right to possession of the land in the lease, at the date of the lease.

A lease granted out of either an:

• unregistered leasehold estate, that at the date of grant has more than seven years left to run
• unregistered freehold estate
• existing registered title

that is granted for any term to take effect more than three months from the date of the grant is compulsorily registrable.

2.9 Discontinuous leases out of registered titles or granted for a term of more than seven years out of unregistered land

See section 27(2)(b)(iii) of the Land Registration Act 2002.

These are leases where the lessee’s ‘right to possession’ of the land demised is discontinuous. The lease may be of a property, such as, a flat, apartment or market stall, that is for either:

• a specified number of days in a week, for example, every Monday to Friday (inclusive)
• a specific week(s) in a calendar year

All discontinuous leases granted out of a registered title must be registered, regardless of the term.

Discontinuous leases granted for a term of more than seven years out of unregistered freehold or leasehold estates will be compulsory registrable.

See sections 4(1)(c) and 4(2)(b) of the Land Registration Act 2002 and see New leases granted for a term of more than seven years out of unregistered land .

To calculate the length of the term on such a lease, multiply the number of complete weeks each year the property is demised by the number of years granted.

If the total is more than seven years (ie more than 364 complete weeks), the lease and/or transfer will be compulsorily registrable.

2.10 Protected first legal mortgage

See sections 4(1)(g) and 4(2)(b) of the Land Registration Act 2002 and rules 21 and 22 of the Land Registration Rules 2003.

A protected first legal mortgage of an unregistered leasehold estate, that has more than seven years of its term unexpired, is subject to compulsory first registration. In order for such a mortgage to be registered, the leasehold estate will also need to be registered. Rule 21 of the Land Registration Rules 2003 allows a mortgagee of a protected first legal mortgage to apply to have the leasehold estate registered, whether or not the mortgagor consents to the application.

Note 1: A ‘protected mortgage’ is a mortgage that is protected by the deposit of documents relating to the mortgaged estate – see section 4(8)(a) of the Land Registration Act 2002.

Note 2: A ‘first legal mortgage’ is a legal mortgage that ranks in priority over all other mortgages affecting the mortgaged estate – see s.4(8)(b) of the Land Registration Act 2002.

3. How to apply the Land Registration Act 2002 and Land Registration Rules 2003: voluntary registration

Section 3 of the Land Registration Act 2002 gives details of when an application can be made to voluntarily register an unregistered leasehold estate.

Section 3(4A) of the Land Registration Act 2002 specifically excludes relevant social tenancies from being eligible for voluntary registration.

The following sections mainly apply to leases that are made before 13 October 2003 and when no events requiring registration have occurred. However, some of the sections will also apply to some leases that are granted on or after 13 October 2003, that can be registered but may not be subject to compulsory registration. For example, see Discontinuous leases out of unregistered land .

The following sections give details of the leasehold estates in land that can be lodged voluntarily for first registration.

3.1 Leases having more than seven years of their term unexpired

See section 3(3) of the Land Registration Act 2002.

Most leases will be accepted for registration, provided there is more than seven years of the original term left unexpired at the time of first registration. If the lease is granted on or after 13 October 2003 it will be subject to compulsory registration – see New leases granted for a term of more than seven years out of unregistered land .

Where a lessee holds a lease in possession but is granted another lease of the same land, to take effect in possession on or within one month of the expiry of the first lease, the two terms can be treated as creating one continuous term – see section 3(7) of the Land Registration Act 2002. Therefore, if the two terms total more than seven years, we will accept a voluntary application for registration of both leases, that will be registered together on the same title.

Note: Section 3(7) of the Land Registration Act 2002 only provides that such leases can be treated as creating one continuous term for the purposes of voluntary registration. There is no provision that such leases are to be treated as one continuous term for the purposes of compulsory registration.

3.2 Discontinuous leases out of unregistered land

See section 3(4) of the Land Registration Act 2002. This provision is new under the Land Registration Act 2002.

See Discontinuous leases out of registered titles or granted for a term of more than seven years out of unregistered land as to what constitutes a ‘discontinuous’ lease, and how to calculate the length of the term of the lease.

A voluntary application will be accepted, regardless of the length of the term, ie the lease does not have to be for more than seven years (364 weeks). However, if a discontinuous lease is granted on or after 13 October 2003, or a transfer of a discontinuous lease is made on or after 13 October 2003, it must be registered if it falls within sections 4(1)(c) and 4(1)(a) of the Land Registration Act 2002 – see New leases granted for a term of more than seven years out of unregistered land and Transfers or assignments of unregistered leases having more than seven years of the term unexpired .

If the total is more than seven years (ie more than 364 complete weeks) the lease and/or transfer will be compulsorily registrable.

4. How to apply the Land Registration Act 2002 and Land Registration Rules 2003: leases that cannot be registered

Section 3(5) of the Land Registration Act 2002 specifically details when we cannot accept an application to register a leasehold estate, ie if the estate owner (the applicant) has the leasehold estate vested in them as a mortgagee, where there is a subsisting right of redemption.

The following sections give details of the leasehold estates in land that cannot be lodged for registration.

4.1 Leases granted for a term of seven years or less or where the unexpired term is for seven years or less

Unless they fall into one of the exceptions below, which are registrable regardless of their term, the following leases are not registrable (Sections 3(3), 4(1)(c) and 27(2)(b)(i) of the Land Registration Act 2002).

(i) Leases out of registered or unregistered land, where the term unexpired at the date of the grant is 7 years or less.

(ii) Unregistered leasehold estates subject to transfer or assignment which have 7 years or less of the term unexpired at the date of the disposition.

(iii) Applications for voluntary first registration of a leasehold estate where the unexpired portion of the term is 7 years or less at the date of the application.

Note: The following are exceptions to this and these leases can be registered irrespective of their term.

• right to buy leases, pursuant to Part V of the Housing Act 1985
• preserved right to buy leases pursuant to section 171A of the Housing Act 1985
• discontinuous leases
• an unregistered freehold estate
• an unregistered leasehold estate in land for a term that at the time of the grant of the lease has more than seven years left to run
• a registered title.

Note: Some of these leases are compulsorily registrable. See How to apply the Land Registration Act 2002 and Land Registration Rules 2003: compulsory registration for further details.

4.2 Lease term starts more than 21 years from date of lease

Usually a lease for which a rent or premium is payable where the term starts more than 21 years from the date of the lease is void – see section 149(3) of the Law of Property Act 1925. Therefore, such leases cannot be registered.

4.3 Leases with no certain start date

If the lease is silent as to the commencement date, we will normally assume (in the absence of other evidence) the term commences on the date of the lease.

4.4 Lessor and lessee are the same

The House of Lords decided that neither one person, nor a company, can create a lease in favour of the same person or company. Any attempt to do so is without legal effect (Rye v Rye [1962] A C 496). Therefore, we cannot give any kind of registered title to such a lease.

4.5 Public-Private Partnership ( PPP ) leases

A PPP lease is a lease that constitutes a ‘public-private partnership’ agreement – see sections 210 and 211 of the Greater London Authority Act 1999.

The lease will usually be between London Regional Transport, Transport for London or one of its subsidiaries and a private company, for the purpose of maintaining or providing a railway, such as, an underground railway.

PPP leases are not registrable - see sections 90(1), (2) and (3) of the Land Registration Act 2002.

They are classed as an interest that overrides both first registration and registered dispositions – see section 90(5) of the Land Registration Act 2002.

4.6 Leases vested in a person as a mortgagee: subsisting right of redemption

See section 3(5) of the Land Registration Act 2002.

A lease vested in a person as mortgagee where there is a subsisting right of redemption cannot be registered.

4.7 Relevant social housing tenancies

See sections 3(4A), 4(5A) and 27(5A) of the Land Registration Act 2002.

A relevant social housing tenancy (as defined in section 132(1) of the Land Registration Act 2002) cannot be registered.

5. How to apply the Land Registration Act 2002 and Land Registration Rules 2003: noting of leases

See sections 32, 33, 34, 37 and 38 of the Land Registration Act 2002.

Section 32 of the Land Registration Act 2002 allows us to note certain leases against the registered estate affected, ie lessor’s title.

5.1 Noting of leases granted out of registered titles on or after 13 October 2003

When an application is lodged for registration of a lease granted out of registered land that is required to be registered (see How to apply the Land Registration Act 2002 and Land Registration Rules 2003: compulsory registration for further details) no application is required to note the lease on the lessor’s registered title. Notice will automatically be entered in the lessor’s title by HM Land Registry, pursuant to section 38 of the Land Registration Act 2002.

5.2 Noting of leases on lessors’ registered superior titles following first registration

See rule 37 of the Land Registration Rules 2003.

An application to register a lease that was either:

• not granted out of a registered estate
• granted before the commencement of Land Registration Act 2002
• and was not previously compulsorily registrable (such as, a lease of more than seven years but for 21 years or less)

will be treated as an application for first registration.

Provided the lease can be noted – see Leases that we cannot note – HM Land Registry will automatically note the lease in the lessor’s registered superior title (if it is not already noted), subject to serving notice on the lessor – see rule 37(3) of the Land Registration Rules 2003. If the lessor’s consent is lodged with the application we will not need to serve notice on the lessor.

5.3 Noting of leases for more than three years

If a notice is not automatically made in the lessor’s title under section 38 of the Land Registration Act 2002 or rule 37(3) of the Land Registration Rules 2003 an application may be made for a notice to be entered if the lease:

• is granted for a term of more than three years from the date of the grant
• does not relate to a trust of land or a settlement under the Settled Land Act 1925

See sections 32, 33 and 34 of the Land Registration Act 2002.

See How to apply the Land Registration Act 2002 and Land Registration Rules 2003: compulsory registration , for details of leases that must be registered.

See Noting of leases for details on how an application is made.

Section 37 of the Land Registration Act 2002 also allows HM Land Registry to note leases of more than three years but not exceeding seven years in a registered superior title, even though the lease itself will be incapable of substantive registration.

5.4 Leases that we cannot note

See section 33 of the Land Registration Act 2002.

We cannot note the following in the register. Leases that are:

• See How to apply the Land Registration Act 2002 and Land Registration Rules 2003: compulsory registration , for details of leases that must be registered
• Note: This applies to any discontinuous leases that are not compulsorily registrable, where the total period is three years or less.
• Public–Private Partnership leases – see section 90(4) of the Land Registration Act 2002
• relevant social housing tenancies – see section 33(ba) of the Land Registration Act 2002

6. How to apply the Land Registration Act 2002 and Land Registration Rules 2003 and make applications to HM Land Registry

Original documents are normally required only if your application is a first registration.

A conveyancer may, however, make an application for first registration on the basis of certified copy deeds and documents only. For information about this, see practice guide 1: first registrations – Applications lodged by conveyancers – acceptance of certified copy deeds .

If your application is not a first registration, then we will need only certified copies of deeds or documents you send to us with HM Land Registry applications. Once we have made a scanned copy of the documents you send to us, they will be destroyed. This applies to both originals and certified copies.

However, any original copies of death certificates or grants of probate will continue to be returned.

6.1 First registration

The estate owner or their successor in title should apply for first registration – see section 6(1) of the Land Registration Act 2002.

The period for registration is two months from the date of the deed inducing registration – see sections 6(4) and (5) of the Land Registration Act 2002.

Applications must be lodged in form FR1 – see rule 23(1) of the Land Registration Rules 2003.

Rule 24, of the Land Registration Rules 2003 gives details of what must accompany an application for first registration, that is:

• sufficient details, by plan or otherwise, so that the land can be identified clearly on the Ordnance Survey map
• Note 1: If the plan, or sufficient details to identify the land, are included in the lease, a further plan will not be required
• Note 2: If the lease is a discontinuous lease, a copy of any ‘timeshare’ calendar defining the weeks referred to will be required, if it is not included in the lease

evidence that Stamp Duty Land Tax certificate (SDLT) or Land Transaction Tax (LTT) requirements have been met

• all deeds and documents relating to the title that are in the control of the applicant

Note: If absolute leasehold is requested in form FR1 and the evidence of the superior title(s) is not lodged, we will only register the applicant with good leasehold title. We will not raise a requisition for this evidence.

• a list in duplicate in form DL of all the documents delivered.

For more general information on lodging an application for first registration see practice guide 1: first registrations .

Advice on whether a particular transaction:

• requires to be notified to HM Revenue & Customs (HMRC) or the Welsh Revenue Authority (WRA) is exempt from SDLT or LTT (such as a legal charge)
• falls outside the scope of SDLT or LTT

can be obtained from:

• for SDLT, the HMRC stamp taxes helpline on 0300 200 3510, open 8.30am to 5pm Monday to Friday except public holidays or HMRC’s stamp taxes website
• for LTT: the WRA customer service centre on 03000 254 000, open 9.30am to 5.30pm Monday to Friday except public holidays or the WRA’s website

If the lease is granted to two or more persons and it either does not contain details, or contains conflicting information, as to whether a Form A restriction (see Schedule 4 to the Land Registration Rules 2003) is required, we will enter a restriction in Form A by default. If the lease is granted on or after 19 June 2006 and contains the prescribed clauses, a declaration of trust is contained in clause LR14. For further information see practice guide 24: private trusts of land .

Any restrictions, other than a Form A restriction, must be applied for in form RX1 – rule 92 of the Land Registration Rules 2003. For further information see practice guide 19: notices, restrictions and protection of third party interests . A restriction cannot be applied for in a lease however, from 9 January 2006, a lease containing clauses LR1 to LR14 of Schedule 1A, to the Land Registration Rules 2003 may be used, at clause LR13, to apply for entry of a standard form restriction. This will include prescribed clauses leases granted on or after 19 June 2006. An application for a non-standard restriction must always be made in form RX1. For further information see practice guide 64: prescribed clauses leases – section 5.13 LR13.

A leasehold register will include sufficient details of the lease being registered to enable it to be identified – see rule 6 of the Land Registration Rules 2003. Such details will no longer include any reference to the rent payable under a lease.

6.2 New leases out of a registered title

These applications must be lodged in form AP1 – rule 13 of the Land Registration Rules 2003.

A certified copy of the lease and the appropriate fee under the current Land Registration Fee Order must accompany the application (see HM Land Registry: Registration Services fees ).

The lease, if granted on or after 19 June 2006, must be a prescribed clauses lease. For further information, see practice guide 64: prescribed clauses leases .

The lease must be accompanied by evidence that SDLT or LTT requirements have been met.

If the lease is lodged for registration by a conveyancer who only represents the lender, we will require written confirmation from the conveyancer representing the tenant stating:

the address for service to be entered on the register; and

that, if the application was lodged by them on behalf of the tenant, they would be sufficiently satisfied they can provide the necessary confirmation of identity required by panels 12 and 13 of form AP1

If there is a mortgage registered on the landlord’s title you will need to enclose the consent of the mortgagee. Consent is always required where there is also a restriction in favour of the lender on the landlord’s title which ‘catches’ the lease application. Otherwise where the consent is not lodged, we will make the following entry in the property register of the new title:

“The title to the lease is, during the subsistence of the charge dated ….. in favour of ….. affecting the landlord’s title (and to the extent permitted by law, any charge replacing or varying this charge or any further charge in respect of all or part of the sum secured by this charge), subject to any rights that may have arisen by reason of the absence of chargee’s consent, unless the lease is authorised by section 99 of the Law of Property Act 1925.”

If the landlord’s title is leasehold enclose the consent of any superior landlord, if the superior lease requires such consent to be obtained. Where the consent of the superior landlord is not lodged we will make the following entry in the property register of the new title unless a conveyancer certifies that the new lease falls in a permitted category and is not caught by the terms of the alienation clause in the superior lease:

“The registrar has not seen any consent to the grant of this sub-lease that the superior lease out of which it was granted may have required.”

If the lease is granted to two or more persons and it either does not contain details, or contains conflicting information, as to whether a Form A restriction (see Schedule 4 to the Land Registration Rules 2003) is required, we will enter a restriction in Form A by default. If the lease is a prescribed clauses lease a declaration of trust is contained in clause LR14. For further information see practice guide 24: private trusts of land .

Any restrictions, other than a Form A restriction, must be applied for in form RX1 – rule 92 of the Land Registration Rules 2003. For further information see practice guide 19: notices, restrictions and protection of third party interests . A standard restriction cannot be applied for in a lease. However, from 9 January 2006, a lease containing clauses LR1 to LR14 of Schedule 1A to the Land Registration Rules 2003 may be used, at clause LR13, to apply for entry of a standard form restriction. This will include prescribed clauses leases granted on or after 19 June 2006. Form RX1 must continue to be used to apply for entry of a restriction contained in any other lease, or for entry of a non-standard form restriction. For further information see practice guide 64: prescribed clauses leases – section 5.13 LR13.

6.3 Noting of leases

See sections 33, 34 and 35 of the Land Registration Act 2002.

Note: Application to note a lease as an agreed or unilateral notice will not fulfil the registration requirements for legal easements. If the lease contains easements you should apply as directed in practice guide 62: easements – 4.2 Easements in unregistered leases.

6.3.1 Agreed notices

If a lease is not automatically noted under section 38 of the Land Registration Act 2002 or rule 37 of the Land Registration Rules 2003, and is not prevented from being noted (see Leases that we cannot note ), an application may be made for an agreed notice to be entered in the register affected by the interest by either:

• the person entitled to the benefit of the interest
• the registered proprietor of the land in which the notice is to be entered
• a person entitled to be registered as such proprietor, such as the personal representative of a sole registered proprietor

Such an application should be accompanied by:

• evidence that SDLT or LTT requirements have been met

Note: Before we can note any land transaction as an agreed or unilateral notice, HM Land Registry is obliged to ensure that the appropriate SDLT or LTT certificate accompanies the application where this is required. This is a statutory requirement under section 79(1) of the Finance Act 2003 and s.65(1) of the Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017. See First registration for details.

• if the application is by a person entitled to be registered as proprietor, sufficient evidence to satisfy us of their interest
• if the application is not made by the registered proprietor or a person entitled to be registered as such proprietor, either the consent of such person, or sufficient evidence to satisfy the registrar as to the validity of the claim
• any appropriate consents of restrictioners

For further details see practice guide 19: notices, restrictions and protection of third party interests .

6.3.2 Unilateral notices

It may be possible to make an application for a unilateral notice to be entered on the lessor’s title when an agreed notice cannot be entered. For further details see practice guide 19: notices, restrictions and protection of third party interests .

6.3.3 Leases with less than one year to run

We will not note leases with less than one year to run. This is because, in the registrar’s view, entering notice of such a lease in the register is likely to cause inconvenience to HM Land Registry and our customers as application would have to be made within a year for its removal.

6.4 Deeds of variation

6.4.1 variation of a registered lease.

If lodging an application to register the variation of a lease when the lessee’s title is registered, it will usually be appropriate to make the application under rule 129 of the Land Registration Rules 2003, and, therefore, the application should be lodged in form AP1 – rule 13 of the Land Registration Rules 2003.

Under rule 129 of the Land Registration Rules 2003 you must provide sufficient evidence to show that the variation has effect at law. You must, therefore, lodge:

• the deed of variation, and
• consent(s) of any chargee or restrictioner if required, or
• where the lessor’s title is unregistered – evidence of the lessor’s title, and
• any other evidence to show that the variation has effect at law, such as, evidence of change of name of one of the parties if the name is not the same as that shown on the register

If we are satisfied that the variation has effect at law we will make an entry relating to the deed in the property register of the lessee’s title. We will also enter a notice in the lessor’s title, without a specific application being made in form AN1 in respect of the lessor’s title.

Note: If the chargee’s consent is not lodged when required, the following will be added to the register entry of the relevant titles:

“NOTE: The proprietor of the registered charge dated […] [of the landlord’s/tenant’s title number …] was not a party to the deed nor was evidence of its consent to the deed produced to the registrar.”

6.4.2 Variation of an unregistered lease

If notice of an unregistered lease is entered in a lessor’s title, an application may be made to enter a notice in respect of a variation of the lease. Such an application should usually be made for an agreed notice in form AN1 , if the deed of variation can be provided and the lease is already protected as an agreed notice. However, it may be appropriate in some circumstances to make an application in form UN1 , for example if the lease is already protected by way of unilateral notice and the lease or/and the deed of variation cannot be provided. For further details see practice guide 19: notices, restrictions and protection of third party interests .

Please note that where an application is being made for an agreed or unilateral notice following a deed of variation, the application can be made in respect of the lessor’s title only. This is because, under section 32(1) of the Land Registration Act 2002, a notice is an entry in the register “in respect of the burden of an interest affecting a registered estate”. The lease is clearly an interest burdening the lessor’s registered estate and so can be the subject of a notice in the lessor’s title; it can be argued that any deed of variation can also be noted as the entry is then “in respect of” this burden. But the lease is not an interest affecting the lessee’s estate: it is their estate. So the lease cannot be the subject of a notice in the lessee’s title; and nor, as a result, can the deed of variation be the subject of such a notice.

6.4.3 Application to note variation where it is not clear that the variation takes effect at law

It may be appropriate in some cases to apply for a notice in either:

in respect of a deed of variation even when the lease is substantively registered, as sufficient evidence may not be able to be provided to satisfy the registrar that the variation takes effect at law. For further details see practice guide 19: notices, restrictions and protection of third party interests .

Note: If the deed of variation contains easements, these will not operate at law until entries relating to the burden and benefit of the easement are entered in both registered titles – see section 27(1) and paragraph 7 of Schedule 2 to the Land Registration Act 2002.

6.4.4 Variation of term or extent

Although it is clear in law that the term of a lease cannot be extended by deed, deeds of variation are frequently encountered that purport to either

• extend the length of a lease
• increase the land demised

You should avoid using a deed of variation in such circumstances.

However, if these deeds are lodged for registration, we will treat them as an immediate surrender of the old lease and the grant of the new lease. A deed varying a lease that takes effect as a surrender and re-grant of the leasehold estate does not have to be a prescribed clauses lease. This exception applies whether or not the original lease was a prescribed clauses lease. For further details see practice guide 28: extension of leases .

For guidance on how to correct the extent demised by the lease or the length of the term, see practice guide 68: amending deeds that effect dispositions of registered land – section 4.4 Leases: Incorrect extent to term demised.

7. Preliminary service applications

7.1 first registration.

For further details see:

• practice guide 1: first registrations
• practice guide 10: official search of the index map

Note: If you do not require indemnity provisions in respect of an index map search you could consider using MapSearch . This service is available free of charge for Business e-services customers who have portal access and provides immediate search results.

7.2 Lease out of a registered title

• practice guide 11: inspection and applications for official copies
• practice guide 12: official searches

Note: If you are lodging an official search of part affecting a discontinuous lease, ensure you include details of any particular time period as well as the property details, such as, ‘Apartment 6 for Week 27’.

8. Things to remember

Always check that you have:

• form FR1 for a first registration
• form AP1 for a lease out of a registered title
• first registration – where the reversionary title is registered and absolute leasehold title has been requested
• lease out of a registered title – consents in respect of any restrictions in the proprietorship register or charges in the charges register of the lessor’s title. If the landlord’s title is leasehold - consider, do they need to get the consent of their landlord under the terms of the lease?
• discontinuous or timeshare lease – is there a copy of the timeshare calendar in the lease, or do you need to lodge one separately
• lodged a certified copy of the lease
• lodged a form RX1 if applying for any restrictions
• lodged the correct fee (see HM Land Registry: Registration Services fees )
• checked clerical details in all forms and deeds (especially charges and mortgages) and paid particular attention to all dates, property descriptions, title numbers, and full names of parties, especially where they appear in more than one deed.

We only provide factual information and impartial advice about our procedures. Read more about the advice we give .

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Navigating the assignment of a residential lease

A landlord can assign his leases to a new buyer of his building. Likewise, a tenant may be able to assign his lease if he needs to relocate. Find out how to assign your lease and what you can do to protect yourself when doing so.

by   Ronna L. DeLoe, Esq.

Ronna L. DeLoe is a freelance writer and a published author who has written hundreds of legal articles. She does...

Read more...

Updated on: December 4, 2023 · 3 min read

Assignment of lease by the tenant

Assignment of lease vs. sublease, assignment of lease by the landlord.

As a tenant, you may want to get out of your residential lease without paying the remaining rent. Likewise, if you're a landlord and sell your rental property, the buyer must now collect rent from the tenants, who may have no idea you sold the property. In both situations, assignment of a lease with a release for the tenant and assignment of leases with notice by the landlord accomplish these goals.

If you're the tenant and want to leave before the end of your lease term, you may be able to assign your lease to a third party if the landlord doesn't let you out of the lease. The third party then becomes the new tenant, who is bound by the terms of the original lease and pays rent to the landlord.

Most often, the lease won't permit assignment without the landlord's approval, but leases often state that the landlord cannot unreasonably withhold consent. As long as you produce a tenant who's shown a history of payment under prior leases and has been a model tenant, a landlord should consent to assignment.

The assignment of lease form should include places for the tenant-assignor, the new tenant-assignee, and the landlord to sign. If the master lease allows assignment, then the tenant doesn't need the landlord's permission; the tenant can sign an assignment of lease agreement without the landlord's signature.

If the landlord allows an assignment of the lease, you, as the tenant, also want him to sign a release stating that you're not responsible for the new tenant's failure to pay or for any damage she causes. Without such a release, you may still be liable for both.

When you, as the tenant, assign the lease, you sign an agreement that either reads “Assignment of Lease," “Lease Assumption Agreement," or “Assignment and Assumption Agreement." An assumption of the lease means that the new tenant assumes your obligations, such as paying rent and keeping the apartment in good condition.

An assignment of a lease transfers the tenant's entire rights in the property to a third party. With a sublease, on the other hand, the tenant transfers only a portion of the remaining lease. For example, if the original tenant has six months remaining on his lease and he gives the entire six months to a third party, the tenant is permanently assigning his rights to live on the property to the third party. If, however, the tenant allows that third party to stay at the premises for only three months, and the tenant intends to return after three months, he is subleasing the premises.

A landlord can assign the right to collect rent to someone who has purchased the property. An assignment of lease from the seller to the buyer allows the new landlord to collect rent from any and all current tenants in the building. The language in the landlord's assignment of lease agreement can include assignment of security deposits, if the parties agree to it. An assignment of leases by the landlord to the buyer affords protection to the buyer so he can collect rent.

An assignment of leases by the landlord to the buyer is meaningless if tenants aren't aware the landlord sold the property, which is why it's important for the assignor-landlord to give tenants proper notice. A notice of assignment of lease, which is a form signed by both the assignor-landlord and the assignee, or new landlord, is one way to give notice. Another way is to send a letter on the landlord's letterhead. Either way, the notice must include the new landlord's address and how rent is to be paid.

Both landlords and tenants who become assignors should sign a formal assignment of lease agreement, which an online service provider can prepare for you. If you're the tenant who has assigned your lease, try to get a release or you'll still be liable to the landlord. If you're the landlord, make sure you can count on the new tenant to pay the rent before you release the primary tenant from his obligations under the lease.

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Assignment of Lease Explained

• December 1, 2023

Understanding the complexities surrounding the assignment of a lease is crucial for both tenants and landlords. Within the UK, various situations might compel a tenant to transfer their lease to another party. In this guide we will delve into the essentials, helping you understand every facet of a lease assignment.

What is an Assignment of Lease?

In the world of property management and real estate, the concept of an “assignment of lease” is fundamental. It involves a tenant, known as the assignor, transferring their entire legal interest in a property to another individual or entity, called the assignee. This process is common in both residential and commercial contexts and plays a significant role in maintaining the fluidity of property interests, especially in a dynamic market.

When a tenant signs a lease, they agree to specific commitments, including paying rent and maintaining the property, which are enforceable for a set period. However, various circumstances may prompt a tenant to vacate the property before the lease term expires. Herein lies the importance of the assignment of lease.

Through lease assignment, the original tenant can exit the property and pass on the responsibility to a third party, who then assumes the role of the tenant with all its incumbent responsibilities. It’s important to note that while the new tenant steps into the shoes of the original tenant, the lease terms remain unchanged.

For instance, if an individual rents a flat and later decides to move out before the lease’s expiration due to reasons such as relocating for a job or changing living situations, they may opt for an assignment of the lease. This strategy allows another person to take over the living space and adhere to the responsibilities under the original lease, ensuring that the flat does not remain unoccupied and the landlord continues to receive rent payments. This seamless transition can be especially beneficial in residential areas with high demand for housing, as it minimises financial instability for the landlord and provides immediate accommodation for those in need of a home.

Key Components of Lease Assignment

• Assignor and Assignee: The existing tenant (assignor) and the new tenant (assignee) are the primary parties in this agreement. Their willingness to transfer and assume the lease’s obligations, respectively, drives the assignment process.
• Landlord’s Role: While not a direct party to the assignment, the landlord plays a pivotal role. Most lease agreements stipulate that landlords must provide consent before any assignment takes place. This clause protects the landlord’s interests, ensuring the new tenant is reliable and meets the required standards.
• Legal Documentation: The process requires several legal documents, including the initial lease agreement and a deed of assignment. The latter must clearly articulate that all rights and responsibilities have been transferred to the new tenant. This precision prevents future disputes regarding the terms of the lease.
• Liabilities: The assignment of lease doesn’t inherently absolve the original tenant of responsibilities. Depending on the agreement’s terms, the assignor might remain liable if the assignee fails to fulfil the lease obligations. This potential continued liability underscores the importance of thorough assignee vetting.

The Legal Ground

The legality surrounding the assignment of a lease is rooted in UK property law. It necessitates compliance with various statutory requirements and often involves complex legal procedures. Consequently, parties usually engage solicitors to ensure that the assignment aligns with legal protocols, protecting the interests of all involved parties.

The assignment of a lease is a nuanced process, influenced by factors unique to each situation. Whether prompted by personal, business, or financial changes, lease assignments facilitate flexibility in property occupancy and use. Understanding this concept is crucial for tenants seeking an early exit from a lease, individuals looking for established lease properties, and landlords wishing to maintain continuous tenancy and income streams.

Understanding the Deed of Assignment of Tenancy

A “deed of assignment tenancy” is a legal document that evidences the transfer of lease obligations from the current tenant to another. It is an essential part of the lease assignment process, binding the new tenant to the terms stated in the original lease.

Landlord’s Checks Before Permitting Assignment of a Lease

The assignment of a lease, while beneficial in maintaining continuous occupancy and consistent rent payments, necessitates thorough due diligence on the part of the landlord. Before consenting to an assignment, it’s imperative for landlords to conduct comprehensive checks, mirroring the depth of evaluation done during the initial tenant screening process. These checks are crucial in mitigating potential risks and safeguarding the landlord’s investment.

Detailed Assessment of the Prospective Assignee

Landlords should ascertain the financial stability and reliability of the assignee. This assessment often involves:

• Credit Checks: This allows landlords to have a clearer understanding of the prospective assignee’s credit history, highlighting their ability to keep up with regular rent payments and financial commitments.
• Employment Verification: Landlords typically require proof of ongoing, stable employment. This verification helps ensure that the new tenant has a consistent income stream capable of covering the rent and other associated costs.
• References: Previous landlords or property managers can provide insights into the assignee’s behaviour, paying habits, and overall reliability. Personal references might also be necessary to form a more comprehensive view of the prospective tenant.

Review of the Assignee’s Intent

Understanding the prospective tenant’s reasons for seeking the property and their long-term intentions can provide reassurance. For instance, landlords should feel more comfortable knowing that the assignee plans to reside in the property for an extended period and doesn’t intend to sublet without permission or engage in unlawful activities.

Examination of Financial Documentation

Landlords may request documentation such as bank statements or savings accounts to further verify the assignee’s ability to afford the property. This scrutiny is particularly pertinent in higher-rent areas or for properties with higher maintenance costs.

Ensuring Contractual Compliance

It’s important for the landlord to confirm that the assignee understands and agrees to the terms set out in the original lease. The assignee must comply with all existing conditions, and any deviation needs to be negotiated with and approved by the landlord.

Legal Considerations

Given the legal complexities surrounding lease assignments, landlords often seek legal advice during this process. Lawyers can help ensure that the assignment adheres to local property laws, the original lease’s terms, and that the landlord’s interests are thoroughly protected throughout the transition.

By conducting these comprehensive checks, a landlord exercises due diligence, significantly reducing the likelihood of issues arising from the assignment of the lease. This meticulous approach helps maintain the property’s revenue stream, upholds community standards, and ensures the continued preservation and value of the property investment. It’s a proactive measure, providing the landlord with peace of mind that they are handing over their property to a reliable and responsible assignee.

Costs Involved in Lease Assignment

The process of lease assignment, while a practical solution for tenants looking to transfer their lease obligations, does entail various costs that both the assignor (original tenant) and assignee (new tenant) need to consider. These expenses contribute to a seamless transfer process, ensuring all legalities are properly managed, and all parties are adequately protected. Understanding these costs is essential as it prevents unexpected surprises and allows for a more transparent transaction.

Costs for the Assignor

• Advertising Costs: If the landlord does not immediately have a new tenant, the original tenant may need to advertise the property. This could involve online listings, printed materials, or hiring an estate agent to expedite the process, all of which incur costs.
• Tenant Screening Costs: The assignor might opt to conduct preliminary screenings of potential assignees, which include credit checks, reference checks, and other background investigations to ensure they’re presenting a reliable tenant to the landlord.
• Legal Fees: The legal intricacies of transferring a lease require the involvement of legal professionals. The assignor typically bears the cost for legal consultations, drafting the deed of assignment, and any related legal documentation.
• Landlord’s Administrative Fees: Some landlords charge an administrative fee for processing a lease assignment, covering the time and resources they expend to conduct their checks and modify their records.
• Potential Liability Costs: If the assignee fails to meet the lease obligations, and depending on the terms of the assignment, the original tenant may remain partially liable. This contingent liability could lead to future costs.

Costs for the Assignee

• Security Deposit: It’s standard practice for the new tenant to provide a security deposit before moving in. In some cases, the assignee reimburses the original tenant for the initial deposit, depending on its condition and any agreement between the parties.
• Advance Rent: The assignee may need to pay the first month’s rent in advance, similar to standard leasing arrangements.
• Legal Fees: Assignees also incur legal fees. They need legal counsel to review the terms of the lease, ensure the assignment is conducted correctly, and understand their new responsibilities and liabilities.
• Stamp Duty: Depending on the property’s value and the lease’s remaining duration, the assignee might need to pay Stamp Duty Land Tax (SDLT) on the premium or the rent of the lease.

Shared Costs

In some instances, both parties negotiate and equally share specific costs, such as those for legal consultations, to ensure fairness and mutual satisfaction in proceeding with the transaction.

Both assignors and assignees must factor in these expenses to accurately assess whether a lease assignment is a financially viable option. It is advisable to consult with real estate professionals and legal advisors to understand all potential charges fully. Having a clear, upfront understanding of these costs allows both parties to make informed decisions, ensuring a smooth, transparent, and fair transition process.

Does Assignment Create a New Tenancy?

No, an assignment does not create a new tenancy. It merely transfers the existing tenant’s rights and obligations to the new tenant, who then steps into the shoes of the original tenant under the same lease terms.

The Necessity of Legal Assistance

It is highly advisable to engage a solicitor during the assignment of a lease. A solicitor can provide necessary legal advice, prepare the deed of assignment of lease, and ensure compliance with various property and contract laws.

Deed of Assignment vs Tenancy Agreement

While they might sound similar, a deed of assignment is not the same as a tenancy agreement. The former refers to the document transferring existing lease rights to a new tenant, while the latter is a contract outlining the terms between a landlord and tenant for new occupancy.

Parties Involved in Signing the Deed of Assignment

The deed of assignment of lease is typically signed by the outgoing tenant, the incoming tenant, and sometimes, the landlord, especially when their consent is a prerequisite for the lease transfer.

Landlord’s Consent to Lease Assignment

A landlord can refuse to consent to assign a lease, but this refusal must be reasonable. Scenarios for justifiable refusal might include the prospective tenant’s inability to meet financial commitments or proposed use of the property that violates lease terms.

Lease Assignment vs Subletting

• Lease assignment involves the complete transfer of the tenant’s rights to another party.
• Subletting occurs when the tenant temporarily hands over the property rights to another party but retains some rights or eventually plans to return.

Financial Responsibilities in Lease Assignment

Typically, the outgoing tenant or the incoming tenant covers the costs related to the assignment of lease, such as legal fees, administrative charges, and any leasehold improvements. The specific arrangements may vary based on mutual agreements.

Assigning a Lease Without a Deed: Is It Possible?

No, a lease assignment must be evidenced by a deed to be legally binding. The deed of assignment tenancy is crucial as it protects the interests of all parties involved and provides legal clarity.

The Meaning of ‘Assignment’ in Rent Context

In the context of renting, ‘assignment’ refers to transferring the existing tenant’s lease obligations and rights to another party. The assignee assumes responsibility for rent payments and adherence to the lease terms.

Advantages of Assigning a Lease

There are several benefits associated with the assignment of a lease, including:

• Flexibility for the tenant needing to vacate the property before lease termination.
• Minimal interruption in rent payments for the landlord.
• Opportunity for another tenant to occupy the premises without having to negotiate a new lease.

Stamp Duty and Lease Assignment

Stamp duty on assignment of lease may apply depending on the premium paid and the lease’s yearly rent. It’s important to consult a solicitor to understand any potential tax implications.

Post-Assignment Liabilities for Tenants

After the assignment of a lease, the original tenant is generally released from future liabilities. However, they may remain liable if the new tenant defaults, depending on specific lease terms or if guarantees were provided.

Essential Documents for Lease Assignment

In the process of a lease assignment, several critical documents must be prepared, reviewed, and signed to ensure a legally binding transfer of rights and responsibilities from the original tenant (assignor) to the new tenant (assignee). These documents are crucial in defining the terms of the assignment, protecting the interests of all parties involved, and complying with legal standards. Here are the essential documents required for a successful lease assignment:

1. The Original Lease Agreement

• Before any transfer, all parties must review the original lease. It’s vital to understand any clauses or terms that could impact the assignment, such as conditions requiring the landlord’s consent for any lease transfer.
• The original lease agreement serves as the foundation for the assignment, outlining the terms and obligations that the assignee will need to adhere to.

2. Deed of Assignment of Lease

• This legal document formally transfers the lease obligations from the assignor to the assignee. It must clearly state the terms under which the lease is assigned, including any continuing liabilities of the assignor, if applicable.
• It should be comprehensive, detailing the rights and responsibilities of all parties and any guarantees provided by the assignor.
• The deed is usually drafted by a solicitor to ensure that it complies with legal standards and adequately protects everyone’s interests.

3. Landlord’s Consent to Assignment

• Most leases require the landlord’s formal approval for any assignment to occur. This document is the landlord’s written agreement, permitting the transfer from the current tenant to the new one.
• It may come with conditions the assignee must satisfy, which should be clearly outlined in the consent form.

4. Assignee’s Letter of Acceptance

• This document is proof that the assignee understands and agrees to the terms set out in the original lease and the deed of assignment.
• The letter may restate key lease terms for clarity and will affirm the assignee’s commitment to abide by all the lease conditions and responsibilities.

5. Legal Advisories

• Though not a formal part of the lease assignment, documentation of legal advice received by both the assignor and assignee (and possibly the landlord) is crucial.
• These advisories ensure each party has been informed of their legal rights and obligations, potentially offering protection in the event of future disputes.

6. Inventory List

• If relevant, an inventory list detailing the condition of the property, especially for furnished rentals, would be necessary. This document helps manage expectations and responsibilities concerning the property’s state and contents at the time of the assignment.

7. Proof of Assignee’s Financial Stability

• While not always formally part of the assignment documentation, evidence of the assignee’s ability to meet financial commitments (like bank statements or employment confirmation) often needs to be submitted to the landlord during the assignment process.

The process of assigning a lease is a complex legal transaction that requires strict adherence to procedural standards. These essential documents ensure that the assignment progresses smoothly, with clear understanding and agreement from all parties involved. Both assignor and assignee should seek legal counsel to ensure their interests are protected, and all documents are in order, further underscoring the importance of each document’s role in this pivotal real estate process.

Energy Performance Certificate (EPC) Requirements

Yes, an EPC is generally required for a lease assignment, especially if the building is to be sold or rented out. This certificate ensures that the property meets the necessary energy efficiency standards.

Registering an Assignment of Lease

Registration of an assignment of lease is crucial. It validates the change of tenant under the lease, making it legally binding and enforceable. This process usually involves submitting the deed of assignment to the appropriate land registry.

Timeframe for Assigning a Lease

Assigning a lease can take anywhere from a few weeks to several months, depending on factors like obtaining the landlord’s consent, the new tenant’s credibility, and the speed of legal processes.

Embracing the Benefits of Lease Assignment

Whether you’re a tenant seeking flexibility or a landlord desiring continued occupancy, lease assignment offers solutions that can cater to your individual needs, promoting ease and continuity in the leasing process.

If you’re considering a lease assignment, it’s paramount to seek professional advice to navigate the complexities involved. The information contained in this article should be used for information purposes only and should not be relied upon in place of specific legal advice.

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The Importance of Registering a Lease Assignment in the UK

By Paul Loccisano Senior Associate

Updated on 25 September 2023 Reading time: 5 minutes

This article meets our strict editorial principles. Our lawyers, experienced writers and legally trained editorial team put every effort into ensuring the information published on our website is accurate. We encourage you to seek independent legal advice. Learn more .

• Assignment  

Registering a Lease Assignment

Key takeaways, frequently asked questions.

A cornerstone provision in commercial lease agreements is the lease term. The lease term refers to the time period in which the commercial tenant agrees to occupy commercial premises. Commercial tenants, for a host of reasons, may need to exit their commercial lease sooner than they anticipated. Lease assignment is one of the most common ways for commercial tenants to exit their lease early . Commercial tenants, via this method, obtain their landlord’s consent to transfer the existing lease to another business owner. This article will explain the importance of registering a lease assignment in the UK.

Assignment  

Commercial lease assignment is when a tenant transfers their existing lease to a new tenant. The existing tenant is the outgoing tenant or assignor, and the incoming tenant is the assignee. Lease assignment means that the commercial lease does not end but the tenant is merely substituted. The assignee takes on all the outgoing tenant’s lease obligations and enjoys the tenant’s rights in the lease agreement. Ultimately, the incoming tenant will enjoy sole possession of the commercial property as their commercial premises. The incoming tenant will also start making rent payments for the commercial property.

The assignor starts the process of lease assignment. Leases between the outgoing tenant and the landlord which have less than several years before the conclusion of the lease term will need to go through a formal process of assignment. The assignor will need to execute a deed of assignment to transfer the lease to the incoming tenant.

The assignor or the assignee may need to register a lease assignment. The assignor or assignee may be required to register the lease assignment instead of using a deed of assignment. A lease assignment will generally need to be registered in two instances. The assignor will need to register the lease assignment if the commercial lease has seven years or more left on the lease term.

Also, the assignor is required to register the lease assignment if the lease has already been registered with the HM Land Registry Office . They must complete and submit a TR1 form to the HM Land Registry Office for a lease assignment to be valid. Once the Land Registry receives this, they will process the lease assignment and place the incoming tenant’s name as the titleholder to the lease in the Land Register. 

Importance of Registering a Lease Assignment

When you enter or exit a commercial lease through assignment, the process of registering the lease assignment is a crucial part of assigning a lease. This is because until this is complete, the assignee is not legally the new tenant for the commercial lease. Therefore, the lease assignment process is not fully complete. The assignor’s failure to register the lease assignment with the Land Registry Office adversely impacts the assignee. Due to the lease assignment process not being legally complete, the assignee has none of the rights usually granted to them in a commercial lease. The assignee will not have the right to sole occupation of the commercial premises. The assignor will also continue to be responsible for all the lease obligations in the commercial lease agreement. Had the lease assignment been validly registered, the assignee would be responsible for the lease obligations thereafter.

It is essential to have a solicitor to see you through the lease assignment process. The outgoing tenant’s solicitor will usually draft the transfer for the Land Registry Office. However, you as the assignee will want your solicitor to confirm the lease assignment is correct and complete.

Land registration is time-consuming. The assignor should register the lease assignment as soon as possible. Legal rules concerning the timeframe for registration of a lease assignment also impact the expediency of registering land. As the assignor, you can only register the lease assignment for up to two months from the lease completion date. The law will deem the lease to be void if not registered within this timeframe. You are then reliant on a discretionary agreement with the Land Registrar. The Land Registrar may extend the timeframe for you to register the lease with the use of an order.

Break Clause Within a Commercial Lease

It is important for the assignor to register the lease assignment with the Land Registry Office. The assignor’s act of registering the lease assignment ensures the law considers the lease assignment process to be complete. Further, the assignor registering the lease assignment protects the incoming tenant’s ability to rely on a break notice provision in the commercial lease agreement. A break clause simply allows the incoming commercial tenant to terminate the lease agreement before the lease term ends. The assignor typically needs to register the commercial lease assignment for the incoming tenant to rely on the break clause.

If the assignor has not registered the lease assignment with the Land Registry Office, the incoming tenant will be left in a precarious position. The assignee may need to end the lease early but cannot rely on the break clause. 

This cheat sheet outlines what you should be aware of in your lease agreement.

Lease assignment is where commercial lease transfers from the existing commercial tenant to a new tenant. The assignor must register the lease assignment with the Land Registry Office in two situations. Where the commercial lease being assigned has seven years or more left on the lease term, the lease assignment will need to be registered. Likewise, registration of a lease assignment is required if the commercial lease is registered. Registration of a lease assignment is essential for assigning a commercial lease. Without it, the assignment is not legal, and it is crucial that registering the lease assignment is done within the correct time frame. Registering a lease assignment may also allow the assignee to exercise the break clause in the lease agreement if necessary. 

If you need help understanding the importance of registering a lease assignment in the UK, contact our experienced leasing lawyers as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 0808 196 8584 or visit our membership page .

Lease assignment is where the existing tenant to a commercial lease, the assignor,  transfers it to a new tenant, the assignee. The lease continues between the assignee and the current commercial landlord.

Registering a lease assignment is often part of the lease assignment process and requires a TR1 form to be completed with the Land Registry Office.

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Assigning vs Subletting Your Commercial Lease in the UK

Five Key Points a UK Commercial Tenant Should Look Out for When Signing a Lease Agreement 

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Deed of Assignment of Registered Lease (TR1)

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Deed of assignment | Practical Law

Deed of assignment

Practical law anz standard document w-002-8276  (approx. 19 pages).

What is the liability of an outgoing tenant under an 'old' lease following assignment? Is a landlord obliged to pursue the current tenant for any arrears before pursuing a former tenant or guarantor to a former tenant?

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Related legal acts:

• Land Registration Act 2002 (2002 c 9)
• Landlord and Tenant (Covenants) Act 1995 (1995 c 30)
• Landlord and Tenant Act 1954 (1954 c 56)
• Law of Property Act 1925 (1925 c 20)

Key definition:

Tenant definition, what does tenant mean.

A person to whom a lease is granted.

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The Register of Deeds Office is responsible for recording all transactions relating to real estate in Kiowa County. This includes deeds, mortgages, oil and gas leases, and platted additions to all cities in the county. Our office also files financing statements under the uniform commercial code, federal and state tax liens, mechanics liens on personal property, powers of attorney, county school records, death certificates and military discharges.

All records in this office are open to the public with the exception of the Kansas Real Estate Sales Validation Questionnaire, which is a closed record (with a few exceptions) by state statute. Copy charges are $1.00 per page. Faxed copies are billed at $2.00 per page.

Please remember Register of Deeds are recorders not researchers. This office will not be responsible for missed documents and information.

Mission Statement

To provide the citizens of Kiowa County information and accurate records in a fast and friendly manner.

General Recording Requirements

Instruments must contain original signatures (both signers and notary public), be notarized, contain a Kiowa County legal description, and be accompanied by the proper filing fee. Photocopies can not be recorded unless they are certified copies from another recording office with an original certificate attached.

Deeds and Affidavits of Equitable Interest must be accompanied by a Kansas Real Estate Sales Validation Questionnaire (one-part form accepted in this office) or have the exemption typed on the face of the deed. The exemptions are found in K.S.A. 79-1437e . They are:

• Recorded prior to the effective date of this act
• Made solely for the purpose of securing or releasing security for a debt or other obligation
• Made for the purpose of confirming, correcting, modifying or supplementing a deed previously recorded, and without additional consideration
• By way of gift, donation or contribution stated in the deed or other instrument
• To cemetery lots
• By leases and transfers of severed mineral interests
• To or from a trust, and without consideration
• Resulting from a divorce settlement where on party transfers interest in property to the other
• Made solely for the purpose of creating a joint tenancy or tenancy in common
• By way of a sheriff’s deed
• By way of a deed which has been in escrow for longer than five years
• By way of a quit claim deed filed for the purpose of clearing title encumbrances
• When title is transferred to convey right-of-way or pursuant of eminent domain
• Made by a guardian, executor, administrator, conservator or trustee of an estate pursuant to judicial order
• When title is transferred due to repossession
• Made for the purpose of releasing an equitable lien on a previously recorded affidavit of equitable interest, and without additional consideration

When a real estate sales validation questionnaire is not required due to one or more of the exemptions provided in subsection (a), the exemption shall be clearly stated on the document being filed.

You can download the Kansas Real Estate Sales Validation Questionnaire from the Kansas Department of Revenue website .

Filing fees are to be paid at the time of filing and are set by state statute K.S.A. 28-115. Filing fees listed below:

• REGISTER OF DEEDS OFFICE
• FEE SCHEDULED CALENDER YEAR

For recording deeds, mortgages, or other instruments or writing, for the first page (Not to exceed legal size pages 8 1/2″ X 14″)……………………………………………………………………………….. $21.00

For second page and each additional page or fraction thereof (Includes Technology Fees and Heritage Trust Fund Fee)…………………………………………………………………………….. $17.00

Recording real estate mortgage assignment or release for the first page (Includes Technology Fees and Heritage Trust Fund Fee)……………………………………………………………………. $20.00

For second page and each additional page or fraction thereof of assignment or lease……………………………………………………………………….. $4.00

Recording town plats, for each page……………………………………………………………………….. $32.00

Certificate, certifying any instrument of record…………………………………………………………………….. $13.00

Acknowledgment of signature…………………………………………………………………… $12.50

For filing liens for materials and services under K.S.A 58-201……………………………………………………………………………. $17.00

Lis Pendens K.S.A. 60-2201…………………………………………………………………………… $5.00

Federal Tax Lien Notices………………………………………………………………………… $32.00

Federal Tax Lien Release………………………………………………………………………. $32.00

K.S.A. 44-717(e)(1) Employment Security Law Lien Release (First page only, additional fees apply for second and additional pages and fractions thereof)…………………………………………………………………………………. $71.00

K.S.A. 39-709(g) Medical Assistance Lien due at time of filing (First page only, additional fees apply for second and additional pages and fractions thereof)*…………………………………………………………………………….. $0.00

K.S.A 39-709(g) Medical Assistance Lien assignment of release for the first page…………………………………………………………………………………….$ 0.00

UNIFORM COMMERCIAL CODE

Original financing statement………………………………………………….. $15.00

Amended financing statement…………………………………………………. $15.00

Continuation statement……………………………………………………………. $15.00

Financing statement indicating assignment……………………………….. $15.00

Assignment of financing statement……………………………………………. $15.00

Statement of release of all or a part of any collateral described in filed financing statement………………………………………………………………….. $15.00

Real Estate mortgage subject to K.S.A 84-9-502 *Fixture Filing……. $15.00

Termination Statement……………………………………………………………… $15.00

Written UCC information request, per debtor name…………………….. $15.00

Copy request: a copy of any filed financing statement per page……….. $1.00

Certified Copy, in addition to any copying expenses……………………….. $7.50

K.S.A. 79-2616(d) Federal Tax Lien Certificate………………………………. $7.50

K.S.A. 79-2616(d) Copy of Federal Tax Lien (per page)…………………… $1.00

Attachments, per page (after first ten pages, which are included in initial fee)……………………………………………………………………………………………. $1.00

If the name or names of any signer or notary public are not plainly typed or printed under the signature the register of deeds shall charge and collect a fee of $1.00 in addition to all other fees provided in this schedule. K.S.A. 28-115(d)

If sufficient space is not provided for the necessary recording information and certification on a document, such information shall be placed on an additional sheet and such sheet shall be counted as a page.

The document shall be of sufficient legibility to produce a clear and legible reproduction. If a document is judged not to be of sufficient legibility, such document shall be accompanied by an exact copy thereof which shall be of sufficient legibility to produce a clear an legible reproduction and which shall be recorded contemporaneously with the document and shall be counted as additional pages. The Register of Deeds may reject any document which is not of sufficient legibility.

*No fee shall be charged or collected for any filing made by the secretary of health and environment or the secretary’s designee pursuant to K.S.A. 28-115(c) If it is unclear that the person requesting filing is the secretary’s designee, standard filing fees shall be collected.

KANSAS OPEN RECORDS ACT STATEMENT

“ No person shall knowingly sell, give or receive, for the purpose of selling or offering for sale any property or service to persons listed therein, any list of names and addresses contained in or derived from public records…” K.S.A. 45-230. Any person who knowingly violates this law is liable for payment of a civil penalty in a action brought by the attorney general or district attorney in a sum set by the court not to exceed $500 for each violation. Violators will be reported to the District Attorney. By accessing this site, the user makes the following certification pursuant to K.S.A. 45-220(c)(2): “the requestor does not intend to, and will not: (A) Use any list of names or addresses contained in or derived from the records or information for the purpose of selling or offering fro sale any property or service to any person listed or to any person who resided at any address listed; or (B) sell, give or otherwise make available to any person any list of names or addresses contained in or derived from the records or information for the purpose of allowing that person to sell or offer for sale any property or service to any person listed or to any person who resides at any address listed.”

Register of Deeds Terri Butler [email protected]

Deputy Register of Deeds Cheyenne Morehead [email protected]

620-723-2441 (Phone) 620-723-1033 (Fax)

Office Hours

Normal Business hours are 8:00 A.M. – 5:00 P.M., Monday-Friday.

The Register of Deeds is located in the Northwest corner of the main floor of the Kiowa County Courthouse.

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NSW Land Registry Services

Registrar general's guidelines.

• Deposited plans
• Strata schemes
• Community schemes
• Water dealings
• Land dealings
• Common features
• Deeds Index Particulars
• Documents lodged
• Acknowledgment
• Agreements contracts
• Agricultural goods mortgages
• Bills of sale
• Book debts (assignment of)
• Causes, writs and orders of court
• Change of name - deed poll
• Conveyances
• General Frame
• Guardianships
• Memorials (Acts of Parliament)
• Power of attorney
• Re-registration
• Release or removal
• Resumptions and acquisitions
• Statutory declaration
• Survivorship
• RGs website change logs

Assignment of lease

ADIS Code -  LASS

An assignment of lease, including a sub-lease, is a transfer of the lease by the lessee, ie the assignor, to a new lessee, ie the assignee. The lessor is usually not a party to the assignment.

The affected lease or sub-lease is not required. For an assignment of a lease affecting Kosciuszko National Park .

Lodgment requirements

Stamp duty -  Required. If not marked Registration insisted upon , is prohibited.

Any alteration to the term or rent must be marked.

Registration copy - Required. If unacceptable, Registration insisted upon  is prohibited.

Statement of Title Particulars form  - Not required.

NOS form  - Not required.

Index Particulars form (completion)

(A) Lodging Party - Must be completed.

(B) Instrument - Lease - Assignment of

(C) Locality -  Not required.

Link Conveyance - Not required.

Principal Deed - The registered affected lease or sub-lease.

(D) Indexing -  The assignor and the assignee, and the sub-lessor for an assignment of a sub-lease.

(E) Certification -  Required.

Document requirements 

Date: must be dated with the date of execution. If not dated advise the lodging party. If a date is not furnished, indicate Registration insisted upon  and include the reason.

Name: the full names (initials are acceptable) of the assignor and the assignee are required. Advise the lodging party of any discrepancies in names.

Operative clause: "... hereby assigns...".

Principal Deed: the number of the affected lease or sub-lease as stated in the assignment must be identical to the number stated on the IPF. If affecting a sub-lease, the head lease number is also required.

Execution: by the assignor. A power of attorney must be registered, The assignee does not have to sign.

Attestation: required. Must be witnessed by a person of 18 years of age or older who is not a party to the document.

IPF: must be completed.

Staff processing information

A Deeds search may be made for the head lease number.

CA Not required

Locality: nil.

Link Conveyance: nil.

Principal Deed: required. The registered number of the lease or sub-lease being assigned, and the registered number of the head lease for an assignment of a sub-lease.

Noting: "Affecting [description of the land]".

If the assignment affects:

• an interest, state: "interest in" (or Noting Code: "I"
• a share, state: "[fraction] share"
• part of the land, state: "[affected land description]"
• the land description relies on an attached plan, state: "see attached plan" (or Noting Code: "PL").

V: the assignor, and the sub-lessor for an assignment of a sub-lease, deceased estates or trusts, and any variations thereof.

P: the assignee, deceased estates or trusts, and any variations thereof.

NSW Land Registry Services Office of the Registrar General Accessibility Sitemap Privacy Access to information Copyright Disclaimer Contact us

Please scroll down for links to county deeds offices.

Androscoggin

Aroostook South

Aroostook North

Piscataquis

The Maine Registers of Deeds Association is providing this official Statewide Single Web Portal through which the public can access and make copies of land records on file at the State of Maine's 18 county Registries of Deeds. This official website is the common entry point- or link - to all registries. This official Statewide Single Web Portal is under the operation and control of the individual Maine Registries of Deeds.

On all county Registry of Deeds websites there will be no charge for the first 500 pages per calendar year. After the first 500 pages have been acquired in the calendar year the charge thereafter will be $.50 per page. When printing or downloading, please be sure to select non subscriber unless you wish to be billed monthly as a subscriber.

County Fraud Alert Services:

Property owners across the state may have heard about LD 2240, “An Act to Implement Protections Against Deed Fraud.” This was heard at public hearing on March 4th before the Legislature’s Judiciary Committee.

While state and county officials work on a legally-binding process of protection, the registry offices are doing their best to alert landowners to documents being recorded in their name.

The following counties have implemented Fraud Alert as a FREE service to their property owners. Please contact your local Registry of Deeds for further information as process varies per county.

Cumberland County: Property Fraud Alert ( uslandrecords.com )

Hancock County: https://records.hancockcountymaine.gov/PublicRecordsNotificationLive/Subscribe

Knox County: https://searchiqs.com/fraudalert/?CC=MEKNO

Lincoln County: https://searchiqs.com/fraudalert/?CC=MELIN

Oxford County: https://searchiqs.com/fraudalert/?CC=MEOXE

Penobscot County: https://penobscotdeeds.com/ALIS/WW400R.HTM?WSIQTP=SY40DC

Piscataquis County: https://searchiqs.com/fraudalert/?CC=MEPIS

Sagadahoc County: www.propertyfraudalert.com

Waldo County: https://searchiqs.com/fraudalert/?CC=MEWAL

Washington County: https://searchiqs.com/fraudalert/?CC=MEWAS

York County: https://searchiqs.com/fraudalert/?CC=MEYOR

The Official Land Records Website Maine Registers of Deeds Association

Please scroll down for links to all the individual county deeds offices.

The Maine Registers of Deeds Association present the information on this web site as a service to the public. We have tried to ensure that the information contained in this electronic search system is accurate. The Maine Registers of Deeds Association makes no warranty or guarantee concerning the accuracy or reliability of the content at this site or at other sites to which we link. Assessing accuracy and reliability of information is the responsibility of the user. The user is advised to search on all possible spelling variations of proper names, in order to maximize search results. The Maine Registers of Deeds Association shall not be liable for errors contained herein or for any damages in connection with the use of the information contained herein.

Statewide Single Web Portal Disclaimer:

Contact the local deeds office.

Click here to see the list.

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Do I use a TR1 or a deed of assignment?

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• Land Registration

Register of Deeds - Fayette County

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Register of Deeds

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The Register of Deeds is elected by the people and serves a four-year term. This office records, indexes, and stores all real estate and business related documents that are presented for registration.

Register Primary Contacts

Brenda Mitchell

Search for documents by name, book and page, subdivision & lot information, instrument number, legal description, document type and daily notebooks. Document images are made available in both TIFF and PDF format for hassle free viewing and printing. Membership is required.

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Fayette County Mayor’s Office P.O. Box 218 13095 North Main Street Somerville, TN 38068