Q&As

A lease was signed by an individual buyer and a power of attorney. The power of attorney is an attorney for a company. The company has regional divisions and there is a power of attorney for each of these. The power of attorney who signed was from the incorrect division for the property. What is the status of the lease is and does anything need to be done to resolve this?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 17/01/2018

The following Private Client Q&A produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • A lease was signed by an individual buyer and a power of attorney. The power of attorney is an attorney for a company. The company has regional divisions and there is a power of attorney for each of these. The power of attorney who signed was from the incorrect division for the property. What is the status of the lease is and does anything need to be done to resolve this?

A lease was signed by an individual buyer and a power of attorney. The power of attorney is an attorney for a company. The company has regional divisions and there is a power of attorney for each of these. The power of attorney who signed was from the incorrect division for the property. What is the status of the lease is and does anything need to be done to resolve this?

A company may grant a power of attorney, enabling an individual to execute any instrument (including a lease) with his own signature and do any other thing in his own name by the authority of the donor of the power (section 7 of the Powers of Attorney Act 1971). This means that an individual can enter into a lease including one by deed on behalf of a company utilising a power of attorney.

It appears from this scenario that the company is the lessor, with the individual buyer being the lessee. A donee of a power of attorney may be restricted in terms of the powers that he can exercise on behalf of

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