Q&As

A client is letting a property to a tenant who is the Secretary of State for a UK government department. What is the correct form of execution of a deed by the Secretary of State? The tenant’s solicitor proposes to execute the document by way of affixing the seal of the Secretary of State to the document together with a signature of an authorised person. Is there authority to do this?

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Published on LexisPSL on 14/01/2020

The following Property Q&A provides comprehensive and up to date legal information covering:

  • A client is letting a property to a tenant who is the Secretary of State for a UK government department. What is the correct form of execution of a deed by the Secretary of State? The tenant’s solicitor proposes to execute the document by way of affixing the seal of the Secretary of State to the document together with a signature of an authorised person. Is there authority to do this?

Government departments and government ministers (when acting in their official rather than their personal capacity) are generally regarded as emanations of the crown, which itself is considered to be a corporation sole.

A corporation sole consists of one person and their successors in some particular office or station, who are incorporated by law in order to give them certain legal capacities and advantages which they would not have in their natural person.

Execution of deeds by a corporation sole is not regulated by section 46 of the Companies Act 2006, nor section 74(1) of the Law of Property

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