The main innovation is an alternative version of Sched 4 and Sched 5 (Part 8). These alternative schedules can be used when a property is subject to a large number of leases, all or most of which are in a fairly standard form. In essence, it draws together all the documentation in one place (the generic terms of the standard form lease are set out; you then set out how the standard form lease differs from the Sched 4 lease; the specifics of each individual lease are also set out, along with any variations from the standard form lease). Note, however, that the use of these new, alternative, schedules is not mandatory (the ‘notes for users’ at the end of the Certificate of Title sets out other ways of dealing with multiple standard form leases). But, do note that: 


the SRA has not yet recognised the alternative approach. Accordingly, solicitors should take care if the Certificate is used in connection with a ‘standard mortgage’ (under Rule 3.17 of the 2007 Code of Conduct);


the VAT provisions in clause 21 of Sched 4 will have to be amended to reflect the VAT provisions in Para 22 of the updated certificate (since the new version does not take into account the changes made to the VAT provisions in the updated Certificate); 


qualify Para 4 of Sched 1 (which says that no amendments have been made to the Standard Certificate).

Most practitioners will think that these complications do not justify, for the time being, the use of these alternative provisions. More generally, it should be noted that the Certificate of Title has been amended to reflect recent changes in VAT, and to include references to Con 29R and Con 29O (these generalised changes to the Certificate of Title have been recognised by the SRA and so there is no problem in using the Certificate when dealing with a standard mortgage).