header-logo header-logo

22 June 2018 / Mark Pawlowski
Issue: 7798 / Categories: Features , Property
printer mail-detail

Leases—why a deed?

nlj_7798_pawlowski

Mark Pawlowski asks whether we should abolish the formal requirement of a deed for leases

As is widely known, a lease must be made by deed in order to be valid at law: s 52(1) of the Law of Property Act 1925. The current requirements are that (1) the document makes it clear on its face that it is intended to be a deed (2) it is validly executed as a deed by signature and attestation and (3) it is delivered as a deed: see, s 1(2) and (3) of the Law of Property (Miscellaneous Provisions) Act 1989.

Apart, therefore, from the document containing the formal description that it is a ‘deed’ (or expressing itself to be executed or signed as a deed), execution simply requires the individual’s signature (properly witnessed) together with, what has now become, constructive delivery of the document (ie, delivery by words) without any change in its physical control to mark the essential irreversibility of the transaction. Failure, however, to use the appropriate formal wording (ie ‘signed as a deed

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
back-to-top-scroll