Guidance

Extension of leases (PG28)

How to extend the term of a lease and register the transaction (practice guide 28).

Applies to England and Wales

Documents

Details

Agreements for the extension of leases are common. However, a lease cannot simply be extended by deed. A new lease needs to be granted.

Aimed at conveyancers, this guide explains how:

  • these transactions may be best effected
  • to lodge the necessary applications for registration

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

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Published 13 October 2003
Last updated 11 December 2023 + show all updates
  1. Section 2.5 has been updated to confirm that where the borrower is a company, we will add a note to the register entry if evidence of registration at Companies House is not provided with the application. This brings our practice in line with company charges generally.

  2. Sections 2.1 and 3 have been amended to clarify as to what forms of copy of the surrendered lease are acceptable together with our requirements if unable to produce these.

  3. Section 2.5 has been amended to clarify that where a new lease is being granted under the Leasehold Reform, Housing and Urban Development Act 1993 a charge of the surrendered lease will transfer automatically so no deed of substituted security is required.

  4. Section 2.2 has been amended to include the specific section in practice guide 68 where the guidance on prescribed clauses leases can be found.

  5. Guidance on completing prescribed clauses added to Note 1 in section 2.1.

  6. Section 2.1 has been amended to clarify when we add an explanatory note to the short particulars of the new lease in the register.

  7. Section 2.6 now explains that when a new lease is made subject to the old lease, notice of the old lease will be added to the title of the new lease and vice versa.

  8. Amendments have been made to a number of sections following the amendment to rule 203 of the Land Registration Rules 2003 by The Land Registration (Amendment) Rules 2018 coming into force on 6 April 2018. The amendment deals with the retention and return of documents by the registrar. Sections 2.1, 2.2, 3 and 4 have been updated to reflect the introduction of Land Transaction Tax for transactions affecting land in Wales completed on or after 1 April 2018.

  9. Section 2.3 has been amended to make clear when the applicant needs to provide evidence to remove a form A restriction on surrender of a lease.

  10. Link to the advice we offer added.

  11. Welsh translation added.

  12. Sections 2.1 and 3 have been amended as a result of the publication of brand new [practice guide 19A: restrictions and leasehold properties](https://www.gov.uk/government/publications/restrictions-and-leasehold-properties-pg19a)

  13. First published.