Paragraph 11 Title guarantee

(1)

Provision stating whether the landlord grants the tenancy with a full title guarantee, a limited title guarantee or no title guarantee.

(2)

The tenancy must be granted with a full title guarantee, unless it appears to the local authority, having considered any representations made by the landlord under regulation 8, that there is good reason to permit the landlord to grant the tenancy with—

(a)

a limited title guarantee, or

(b)

no title guarantee.

(3)

Where the tenancy is to be granted with a full title guarantee or a limited title guarantee, provision that—

(a)

the implied covenants for title are modified so that—

(i)

the covenant set out in section 2(1)(b) of the Law of Property (Miscellaneous Provisions) Act 1994^f1 does not extend to costs arising from the tenant’s failure to make proper searches or raise requisitions on title or on the results of the tenant’s searches, and

(ii)

in the case of a limited title guarantee, the covenant set out in section 3(3) of the Law of Property (Miscellaneous Provisions) Act 1994 extends only to charges or encumbrances created by the landlord, and

(b)

conditions 7.6.2, 7.6.4 and 12 do not apply to the tenancy contract.

(4)

Where the tenancy is to be granted with no title guarantee, provision that—

(a)

the landlord grants the tenancy with no title guarantee and with no covenants for title, whether express or implied;

(b)

conditions 7.6.2, 7.6.4 and 12 do not apply to the tenancy contract.

Annotations

Footnotes

f1: 1994 c. 36.