Given the recent guidance and wording for contractual provisions to deal with leasehold management issues during the registration gap provided by the City of London Law Society this case highlights the problem which the wording can alleviate.
An equitable owner cannot be classified as the “landlord” during the gap between legal completion and the registration of the equitable owner as registered proprietor for the purposes of sections 79(6)(a) and 88 of the Commonhold and Leasehold Reform Act 2002 as the legal interest in the property is still vested in seller pending completion of the registration.