Q&As

If a foreign embassy rents a property in the UK, and the parties to the lease are the landlord and the foreign government, does this create a diplomatic immunity issue? If so can the tenant waive diplomatic immunity by incorporating terms in the lease?

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Published on LexisPSL on 10/08/2016

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

  • If a foreign embassy rents a property in the UK, and the parties to the lease are the landlord and the foreign government, does this create a diplomatic immunity issue? If so can the tenant waive diplomatic immunity by incorporating terms in the lease?
  • State Immunity
  • Diplomatic Immunity
  • Waving Immunity

State Immunity

Under section 1(1) of the State Immunity Act 1978 (SIA 1978) ‘a State is immune from the jurisdiction of the courts of the United Kingdom except as provided in the following provisions of this Part of this Act'.

One of the exceptions to this is within SIA 1978, s 6, which states:

‘(1) A State is not immune as respects proceedings relating to—

(a) any interest of the State in, or its possession or use of, immovable property in the United Kingdom; or

(b) any obligation of the State arising out of its interest in, or its possession or use of, any such property.’

However, SIA 1978, s 16(

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