Q&As

What is the status of a lease granted by a party who has no interest in the premises?

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Published by a LexisNexis Property Disputes expert
Published on: 20 January 2016
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In Mann and another company v Shelfside Holdings Ltd and another the tenant argued that a freehold owner cannot on one day grant a lease to a tenant in the name of a third party which has no interest in the land (and sign the lease as representative of that third party) and on the next day go into possession of the property on the basis of title paramount.

The tenant relied on:

  1. •

    estoppel by representation, and/or

  2. •

    the doctrine of apparent ownership

The court decided that the tenant had not established an estoppel by representation

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Jurisdiction(s):
United Kingdom

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