header-logo header-logo

Leases—why a deed?

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

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In NLJ this week, Ian Smith, emeritus professor at UEA, explores major developments in employment law from the Supreme Court and appellate courts
Writing in NLJ this week, Kamran Rehman and Harriet Campbell of Penningtons Manches Cooper examine Operafund Eco-Invest SICAV plc v Spain, where the Commercial Court held that ICSID and Energy Charter Treaty awards cannot be assigned
back-to-top-scroll