Q&As

A lease of a museum at a peppercorn rent and for a term of 125 years was granted in 1984 to individuals acting as trustees. All the original trustees have since died and it is not known how their respective estates dealt with their interest in the lease. There are now new individuals acting as trustees of the trust but the lease has not vested in them. Can the lease be brought to an end by the landlord?

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Published on LexisPSL on 26/02/2019

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

  • A lease of a museum at a peppercorn rent and for a term of 125 years was granted in 1984 to individuals acting as trustees. All the original trustees have since died and it is not known how their respective estates dealt with their interest in the lease. There are now new individuals acting as trustees of the trust but the lease has not vested in them. Can the lease be brought to an end by the landlord?

A change in the trustees will not automatically change the ownership of the registered title, although where section 40 of the Trustee Act 1925 (TA 1925) applies, it will be sufficient to vest title to the land in the new or continuing trustees.

Assuming the museum is a charitable institution, section 334 of the Charities Act 2011 (CA 2011) may apply. Under this provision, a charity may, if its trusts permit, appoint and remove trustees by resolution of a meeting of the charity trustees, members or other persons (as the case may be). A memorandum signed at the meeting is sufficient evidence of the resolution(s). That memorandum will, if it is:

  1. executed as a deed at the meeting at which the resolution was passed

  2. executed by the person presiding

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