Is a lease valid if it is missing the signature of the tenant? Would the position change if there is a subsequent deed of variation entered into (approximately nine months later) containing the signatures of all the parties including the tenant?

Section 52 of the Law of Property Act 1925 (LPA 1925) is of relevance to this scenario. Section 52 provides that all conveyances of land or of any interest therein are void for the purpose of conveying or creating a legal estate unless made by deed. There are a number of exceptions contained within that section which includes a lease for a term of less than three years.

Where a document is required to be made by deed, there are a number of additional formalities which must be complied with:

1. •

   a deed must be in writing

2. •

   it must be clear from the face of the instrument that it is intended to take effect as a deed

3. •

   the instrument must be validly executed as a deed

4. •

   a deed must be delivered

This