Practice Guide 50 – Requisition and cancellation procedures
Updated: September 2012
Update
This edition of the guide replaces the August 2012 edition. Amendments have been made to sections 2 and 3 to update our requirements in respect of our cancellation and rejection policy.
Scope of this guide
This guide gives advice on how to avoid requisitions on applications and our procedures where they do need to be raised. It is aimed at conveyancers.
1 Abbreviations and terms used
In this guide:
‘business day’ means any day Monday to Friday except a Bank Holiday
‘conveyancer’ means an authorised person within the meaning of s.18, Legal Services Act 2007 who is entitled to provide the conveyancing services referred to in paragraphs 5(1)(a) and (b) of Schedule 2 to that Act, or a person carrying out those activities in the course of their duties as a public officer. It also includes an individual or body who employs or has among their managers such an authorised person who will undertake or supervise those conveyancing activities (r.217A, LRR 2003)
‘LRA 2002’ means the Land Registration Act 2002
‘LRR 2003’ means the Land Registration Rules 2003
‘prescribed clauses lease’ means any lease, granted on or after 19 June 2006, which is required by r.58A, LRR 2003 to contain the prescribed clauses set out in Schedule 1A, LRR 2003
‘SDLT’ means stamp duty land tax.
2 Introduction
This guide gives advice on how to avoid requisitions on applications and our procedures where they do need to be raised, including the way we apply r.16(2), LRR 2003 under which the registrar may extend the period to comply with a requisition or may cancel an application for failure to comply. Section 7 Application checklist: avoiding requisitions gives examples of common requisition points and tips on how to avoid them. The tips also include information where a requisition is unavoidable.
The defects in some applications mean that we are unable to begin working on them until the outstanding matters are resolved. Where we consider an application to be so defective we will reject or cancel the whole application under r.16(3), LRR 2003 rather than raise a requisition. Practice Guide 49 – Return and rejection of applications for registration contains tips to help customers lodge applications correctly and avoid rejection or cancellation of an application as defective.
The forms prescribed by the LRR 2003 are for use in applications received by us. This guide aims to help you use the right form and you may also find Practice Guide 46 – Land Registry forms helpful. Our forms are available from law stationers or can be downloaded free of charge from our website at www.landregistry.gov.uk
3 Requisitions and time to reply
Informal telephone or email requisitions can be raised initially if related to a requisition point that can be dealt with quickly and easily. These requisitions will be held over for a maximum of three working days and if no response is received then a formal paper requisition will be issued.
We will ensure that customers are aware of the requisitions affecting their application and the date on which the application will be cancelled if we do not receive a full reply. The formal requisition we raise will:
-
explain what we need
-
state when the application will be cancelled if we do not receive a full reply – the date will normally be 20 business days from the date of the requisition. It will not be less than 20 business days
-
explain what we need you to do if you cannot reply by the cancellation date. If there is no reply to our original requisition we will send a reminder at least five business days before the application is due to be cancelled.
We will cancel the application in its entirety if we do not receive a full reply by the cancellation date and a successful application for an extension of time to reply is not made. However if the application includes a discharge of a registered charge in addition to other transactions and evidence of the discharge has been lodged, we will complete the discharge. We will also complete so far as possible the accompanying transactions. Thus if an application is received to discharge a registered charge and register a transfer and a new charge but there is a problem which cannot be resolved in respect of the registration of the new charge, we will complete the discharge and register the new transfer but cancel the application so far as it relates to the charge. If on the other hand there is a problem with the transfer which cannot be resolved we will not register the charge.
4 Applying for an extension of time
The majority of requisitions raised are dealt with in a few weeks. We would like a full reply as soon as possible, but we recognise that you may not always be able to reply by the cancellation date that we quote.
Section 5 Discharge of charges explains that we will not normally requisition for evidence of discharge of a registered charge when this is not lodged with an application and so will not extend the time to allow this evidence to be lodged. Section 5 also explains what we will do if we raise a requisition for evidence of discharge of a registered charge and a subsequent request for an extension of time is made.
For requisitions other than for evidence of discharge of a registered charge we will allow an extension where the delay in replying is explained either verbally or in writing, provided the request is reasonable, you satisfy us that the matter is being actively pursued and there is a realistic prospect of resolving the problem within a reasonable period. We will normally cancel an application if this is not done.
When you need an extension, your request should:
-
state the reason for the delay
-
explain what action you are taking
-
say when you expect to be able to supply a full reply to the requisition.
We will normally extend the time for reply by 10 business days. We will consider requests for longer extensions on their merits.
When the time is extended, we will always confirm this in writing and confirm the revised date of cancellation should no reply be received.
See section 6 Reasons for delay for examples of when we will normally give or refuse an extension. These are examples, not fixed rules. We will treat each application on its own merits.
5 Discharge of charges
Where an application to discharge a registered charge is accompanied by other applications, for example to register a transfer and new charge, and is not preceded or accompanied by proof of satisfaction of the charge, we will not normally raise a requisition for this but will register the other applications and leave the entries relating to the charge subsisting in the register. This is known as ‘early completion’ and is explained in more detail in Practice Guide 31 – Discharges of charges.
If requisitions arise in respect of the other applications we will include a reminder that evidence of the discharge has not been lodged. If the requisitions relating to the other applications are complied with but production of the evidence of discharge remains outstanding we will complete the application, leaving the entries relating to the charge subsisting in the register. Once the other requisitions have been complied with we will not extend further the period for production of evidence of discharge.
If there is a restriction in favour of the existing chargee which catches the accompanying applications we will requisition for either evidence of discharge of the charge or compliance with the terms of the restriction. In this situation we will consider a request for an extension of time.
When applying for an extension you should:
-
ask for this in writing
-
show that you are actively pursuing the matter, and
-
show that the lender is causing the delay.
The extension will be for a further 20 business days. Further extensions are unlikely to be given.
6 Reasons for delay
The following are examples of when we would normally allow or refuse an extension. Each application will be considered on its merits.
6.1 Extensions normally given
We will normally allow an initial extension of 10 business days in the following circumstances.
Situation: Re-execution of deeds required and parties are difficult to contact or are unavailable due to illness.
Our view: This may well lead to a delay and we would normally allow an extension.
Situation: Consent of restrictioner required and the parties are difficult to contact or are unavailable due to illness.
Our view: This may well lead to a delay and we would normally allow an extension.
Situation: A deed is still with HM Revenue & Customs for adjudication.
Our view: We know that some adjudication cases can take some time to complete. We will allow an extension. We may ask for copies of the most recent correspondence with the Stamp Office.
Situation: A deed has been lost.
Our view: Please explain the position fully and indicate whether you expect to be able to draw and execute a duplicate deed or supply evidence such as a statutory declaration or statement of truth (see Practice Guide 73 – Statements of truth).
Situation: A practitioner has just inherited files from a failed or intervened practice.
Our view: The practitioner will require extra time to get familiar with the case.
Further requests for extensions will be considered provided you supply updated details of the action taken.
6.2 Extensions normally refused
Where these reasons are given, we will normally refuse an extension and the application will be cancelled on the date given in our last letter.
Situation: A deed has been sent abroad and has not been returned.
Our view: In view of modern posting methods, we consider that the 20 business days originally given is sufficient if the matter is being actively pursued. However, we will normally allow an extension if some form of foreign law is involved, for example power of attorney or counsel’s opinion and that is what is causing the delay.
Situation: A Land Charges search has not been sent.
Our view: We supply a quick turnaround for Land Charges searches. The 20 business days originally given is sufficient if the matter is being actively pursued.
Situation: The person dealing with the matter is absent from the office.
Our view: Normally we would expect the absence to be covered to allow matters to proceed, unless the person is the sole practitioner in a firm and a secretary or equivalent cannot comply. Where someone has died or unexpectedly left we would normally give a short extension to allow someone else to become familiar with the matter.
7 Application checklist: avoiding requisitions
7.1 Application forms
|
Requisition |
Tips |
|
Not all relevant panels of application form complete. Applications that are not made on the correct application form as listed below.
|
|
7.2 Stamp duty land tax
SDLT applies to most land transactions dated on or after 1 December 2003.
|
Requisition |
Tips |
|
|
7.3 Discharges
|
Requisition |
Tips |
|
|
7.4 Missing deeds
|
Requisition |
Tips |
|
|
7.5 Deeds requiring amendment
|
Requisition |
Tips |
|
|
7.6 Fees
|
Requisition |
Tips |
|
|
7.7 Name and address omission or discrepancy
|
Requisition |
Tips |
|
NB: If address(es) for service change please notify us. If the register does not show the latest address(es) for service a party may not receive important notices or notifications from us and may suffer loss as a result.
|
7.8 Consent, certificate or withdrawal required
|
Requisition |
Tips |
|
NB: See also section 7.13 Joint proprietorship for restrictions in Form A. |
7.9 Companies and corporations
|
Requisition |
Tips |
|
|
7.10 Extent problems
|
Requisition |
Tips |
‘Note: This plan is for reference only and although believed to be correct, its accuracy is in no way guaranteed and it is expressly excluded from any contract.’
|
|
7.11 Deeds of variation of lease
|
Requisition |
Tips |
|
|
7.12 Execution of deeds
|
Requisition |
Tips |
|
|
7.13 Joint proprietorship
|
Requisition |
Tips |
|
|
7.14 Land Charges searches
|
Requisition |
Tips |
|
|
7.15 Powers of attorney
|
Requisition |
Tips |
|
|
8 Enquiries and comments
If you have a particular concern that is not covered by this guide, please contact Customer Support in advance of the transaction – see Contact details. If the transaction is particularly complex, it may be better if you make your enquiry in writing.
If you have any comments or suggestions about our guides, please send them to:
Central Operations Group
Land Registry
Trafalgar House
1 Bedford Park
Croydon
CR0 2AQ
(DX 8888 Croydon 3)
You can obtain further copies of this and all our other guides free from Customer Support or you can view or download them from our website in English or Welsh at www.landregistry.gov.uk
Land Registry advisory policy
We offer advice to our customers through our publications and Customer Support information and through the day-to-day handling of applications.
We provide factual information including official copies of registers, title plans and documents, searches and details of our forms and fees.
We provide procedural advice to explain how the land registration system works and how to make applications correctly. This includes:
- advice in advance of an application, where this is requested
- where an application is defective, advice as to the nature of the problem and what options, if any, are available to put it right
- an approval service for estate layout plans and certain other land registration documents.
There are limits to the advice that we will provide. We will not provide legal advice.
This means that:
- we will not approve the evidence to be produced in support of a registration application before we receive the application
- apart from procedural advice, we will not advise on what action to take
- we will not recommend a professional adviser but can explain how to find one.
We provide advice only about real cases, not about theoretical circumstances. We will not express a view on questions where the law is complex or unclear except where the question arises on a live registration application.
In providing this factual information and procedural advice we will:
- be impartial
- recognise that others may be affected by what we say
- avoid any conflict of interest.
Contact details
For customer enquiries and to request this publication in an alternative format please contact Customer Support at customersupport@landregistry.gsi.gov.uk or telephone 0844 892 1111, or 0844 892 1122 for a Welsh-speaking service, from Monday to Friday between 8am and 6pm. Calls cost 3p a minute on a BT standard tariff, in addition to the current set up/connection charge. Calls from other tariffs, service providers and mobile phones may cost more. We do not receive any revenue from these calls.
To obtain copies of this and all our other guides, free of charge:
- view/download guides in English and Welsh at www.landregistry.gov.uk
- contact Customer Support.
Information in this guide
The information in this publication is for the purpose of providing general guidance about Land Registry's procedures and policies. It is intended only as a guide and does not cover every situation that may arise. It also does not limit Land Registry's ability to use its discretion when appropriate to do so, within the land registration legislation.
Chief Land Registrar
© Crown copyright 2013 Land Registry
Not to be reproduced without permission from The Forms Unit, Land Registry (under the delegated authority from the Controller of HMSO), Trafalgar House, 1 Bedford Park, Croydon CR0 2AQ


