HM Land Registry (HMLR) has announced it has made its process for entering personal covenants in the register more consistent with a new entry into the register effective from 13th November 2024.
User will now see a new entry in the register in respect of personal covenants:
HMLR says it will make this entry regardless of whether the deed refers to vendor’s or purchaser’s covenants or whether the covenants relate to restrictive covenants, charges, rent charges or landlord’s covenants in leases. Previously, the entry varied.
HMLR added it will not update existing registers until an application is lodged that prompts either a new entry, or consideration of an existing entry. In the latter scenario, HMLR will make an entry reflecting the new wording above if still required. The wording ‘a former proprietor’ will no longer be used.
What has not changed
HMLR will continue to make no reference to personal or indemnity covenants when making an entry in the register owing to other matters contained in a deed, for example because it contains restrictive covenants or easements. The concept of the “chain of indemnity”, which ensures that liability for a positive covenant’s breach is transferred with each property sale, will be maintained.
The agency said the change will ‘simplify and streamline’ the entry on the register. By specifically referring to the deed in the register, it will now be available for immediate download through the portal, making it easier for customers to obtain an official copy of the deed containing full details of the personal covenant.
The main change is in what will be seen in the register. Users are advised they may see a mixture of new and old-style entries or receive a completed register after 13 November that has the old-style entries because it was processed before the new practice took effect, but completion was delayed because additional information was needed for examples.While it has always been necessary to obtain a copy of the deed containing the specific details, the immediate availability to download it will mean covenants can be interpreted more quickly say HMLR.
Address Update
HM Land Registry is changing its external-facing addresses for business customers.
The new addresses come into force for business customers on 2 December 2024. For a transitional period of 12 months, however, any incorrectly addressed correspondence will be diverted to the correct address, allowing customers time to adjust their systems. The process for invalid cheques will stay the same.
The new addresses are:
Royal Mail address for business customers
HM Land Registry
(Insert name of closest office)
PO Box 7803
Bilston
WV1 9QN
DX address for business customers
HM Land Registry
DX 427301
BILSTON 3
HMLR will be updating the return addresses in its letters and on its stationery over the coming weeks, but customers may see a mixture of the old and new addresses for a short time. Anyone who sends applications for registration should update their processes and systems to ensure the correct HMLR address is used. To avoid confusion, conveyancers should not address correspondence to any member of HM Land Registry’s staff by name. Correspondence will be directed to the right official on receipt.
