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

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
Peter Kandler’s honorary KC marks long-overdue recognition of a man who helped prise open a closed legal world. In NLJ this week, Roger Smith, columnist and former director of JUSTICE, traces how Kandler founded the UK’s first law centre in 1970, challenging a profession that was largely seen as 'fixers for the rich and apologists for criminals'
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
back-to-top-scroll