Q&As

The tenant under a Landlord and Tenant Act 1954 protected business tenancy has passed away. The lease does not refer to successors-in-title and cannot be assigned. What is the position with the lease? Does it vest in the personal representatives or is there an argument that it comes to an end on the death of the tenant?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 26/03/2021

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

  • The tenant under a Landlord and Tenant Act 1954 protected business tenancy has passed away. The lease does not refer to successors-in-title and cannot be assigned. What is the position with the lease? Does it vest in the personal representatives or is there an argument that it comes to an end on the death of the tenant?

The tenant under a Landlord and Tenant Act 1954 protected business tenancy has passed away. The lease does not refer to successors-in-title and cannot be assigned. What is the position with the lease? Does it vest in the personal representatives or is there an argument that it comes to an end on the death of the tenant?

A lease does not, as a general rule, terminate upon the death of the tenant. Section 1 of the Administration of Estates Act 1925 (AEA 1925) provides that real estate to which a deceased person was entitled at the time of their death and which does not cease on their death devolves upon their personal representatives (PRs). AEA 1925, s 1(2) provides that the PRs are deemed to be the assigns of the deceased. This will not ordinarily, however, amount to a breach of a covenant against assignment of the lease, as the assignment is deemed by operation of law.

‘Real estate’ is defined in AEA 1925, s 3 as being land in possession, remainder, reversion, and every interest in or

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