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Leases - Why a Deed?

Leases - Why a Deed?

Pawlowski, Mark ORCID: 0000-0002-5473-5809 (2018) Leases - Why a Deed? New Law Journal, 168 (7798). pp. 13-14. ISSN 0306-6479 (Print), 2046-2239 (Online)

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Abstract

The article considers whether the formal requirement for a lease to be described as a deed or to be executed or signed as a deed should be abolished. It examines the advantages of using a deed, the consequences if a deed is not used of creating an equitable lease on the same terms as the failed lease, and intention to be bound and the attestation of signatures. The article argues also for the abandonment of the requirement of a deed for the assignment of a tenancy as, here again, equity may intervene and save the void assignment at law by characterising it as an agreement to assign subject (where appropriate) to compliance with the requisite contractual formalities contained in section 2(1) of the Law of Property (Miscellaneous Provisions) Act 1989.

Item Type: Article
Uncontrolled Keywords: leases, deeds, attestation, delivery, execution, formalities, intention, signatures
Subjects: K Law > KD England and Wales
Faculty / Department / Research Group: Faculty of Architecture, Computing & Humanities
Faculty of Architecture, Computing & Humanities > Department of Law
Last Modified: 08 Jan 2019 15:48
Selected for GREAT 2016: None
Selected for GREAT 2017: None
Selected for GREAT 2018: None
Selected for GREAT 2019: None
URI: http://gala.gre.ac.uk/id/eprint/20874

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