Q&As

What is the status of a lease with an uncertain term, in particular can it validly exclude the provisions of the Landlord and Tenant Act 1954 and how can it be terminated?

read titleRead full title
Produced in partnership with David Nicholls of Landmark Chambers
Published on LexisPSL on 19/03/2018

The following Property Disputes Q&A produced in partnership with David Nicholls of Landmark Chambers provides comprehensive and up to date legal information covering:

  • What is the status of a lease with an uncertain term, in particular can it validly exclude the provisions of the Landlord and Tenant Act 1954 and how can it be terminated?

What is the status of a lease with an uncertain term, in particular can it validly exclude the provisions of the Landlord and Tenant Act 1954 and how can it be terminated?

A lease with an uncertain term is void. It is therefore not subject to the Landlord and Tenant Act 1954 (LTA 1954) and it does not require termination.

Section 1(1) of the Law of Property Act 1925 (LPA 1925) provides that there are only two estates in land that can exist at law. One is a freehold estate (‘an estate in fee simple absolute in possession’). The other is a term of years absolute (ie a leasehold estate). This phrase is defined in LPA 1925, s 205(1)(xxvii) and, although the definition is extensive, it is clear that the term of years must be certain or liable to determination on the occurrence of certain events.

The effect of this can be seen in the case law. Thus, a lease for a term from an impossible date (such as 30 February) may be construed as

Related documents:

Popular documents