Q&As

If a lease does not appear to be correctly executed, but it has been registered at HM Land Registry, what is the legal effect of the document, and what are the implications for any potential assignee of the lease?

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Produced in partnership with Elizabeth England of 42 Bedford Row
Published on LexisPSL on 30/03/2017

The following Property Q&A produced in partnership with Elizabeth England of 42 Bedford Row provides comprehensive and up to date legal information covering:

  • If a lease does not appear to be correctly executed, but it has been registered at HM Land Registry, what is the legal effect of the document, and what are the implications for any potential assignee of the lease?

Case study:

A lease was completed several years ago, but the lease bears only one signature on behalf of the original tenant (in breach of the execution clause which requires signature by two directors, or one director and the company secretary).

The Companies Act 2006 (CA 2006) (as amended) requires different formalities to be observed depending on whether the contract is made by a company, or on behalf of a company.

If the contract is made on behalf of the company then a pers

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