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

NLJ Career Profile: Nick McDonnell, Kain Knight

NLJ Career Profile: Nick McDonnell, Kain Knight

Nick McDonnell of Kain Knight reflects on an unexpected legal career, his drive to support vulnerable clients and the surprising pleasures of watching nothing happen

Mayo Wynne Baxter—Angela Arnold

Mayo Wynne Baxter—Angela Arnold

Mayo Wynne Baxter strengthens property team with new partner appointment

WilmerHale—Jeremy Kosky & Charlie Lightfoot

WilmerHale—Jeremy Kosky & Charlie Lightfoot

WilmerHale expands London disputes capabilities with addition of two leading partners

NEWS
Lawyers have welcomed the Lord Chancellor’s reverse-ferret on jury reforms, but expressed ‘serious concerns’ about the decision to exclude fraud trials
From ‘rats in the robing room’ to ‘overworked’ judges and a shortage of court staff, barristers have aired their concerns about the state of the justice system
The use of agentic artificial intelligence (AI) poses ‘significant risks’ across the justice system, public services and government, and current regulation is ‘poorly suited’ to control it, experts have warned
The solicitors’ regulator has paused controversial plans to exclude owner-managers from compliance officer roles
The government has launched a £16m legal support grant to support 48 frontline legal advice organisations supporting people facing eviction, problem debt, benefit disputes and family breakdown
back-to-top-scroll