A11: Assignments and Restrictions

Synopsis

This Guidance Note looks at assignments of leases and the role of managing agents in handling enquiries, consents and, in particular, restrictions.

It explains the difference between assignment conditions and restrictions.

It explains how managing agents can help the registration of assignments by a better understanding of restrictions and the role of the Land Registry.

The Appendix gives some practical examples of the problems that can arise from restrictions.

Covering Topics

• Overview Assignment
• Types of Assignment Conditions
• Land Registry, Assignment and Restriction
• Forms of Restrictions Used In Leases
• Problems Arising from Restrictions (See also Appendix)
• Restrictions for New Leasehold Schemes
• Right to Management Companies and Restrictions 
• Dealing with Problems of Existing Restriction Clause
• Good Practice for Managing Agents about Restrictions on Resales
• Landlord and Tenant Certificates
• Acknowledgments 
• Further Information 
• Appendix