Skip to main content

Insight article

January 23, 2015

Fulfilling your lease formalities

Make sure that all the necessary lease formalities are completed!

The Court of Appeal decision in the case of Lankester & Son Ltd v Robert David Rennie and Anne Rennie reaffirms that tenants must ensure they follow all the appropriate legal lease formalities when assigning a lease. This ensures the effective assignment of the lease and releases the outgoing tenant from its obligations under the lease.

In this case, the signed but undated transfer regarding the lease assignment was not delivered in the legal sense. On the case’s particular facts, there was no estoppel or implied surrender of the lease. Therefore, the lease remained vested in the tenant, who remained liable under the lease covenants. In this case, the original tenant vacated the premises and allowed the new tenant into occupation without a formal assignment. The new tenant paid rent to the landlord for some time and then sought to vacate. The landlord asserted on the one hand, that the new tenant was liable for the rent but, on the other hand, argued that the lease had not been properly assigned and the original tenant was liable for the rent.

The Court of Appeal held that there had been no transfer of legal title, as registration had not been effected and that the original tenant remained the tenant under the lease.

This case affirms the warning to outgoing tenants to ensure the completion of all legal lease formalities before allowing the assignee into an occupation. Following this course will avoid nasty shocks in the future. Landlords also need to be careful not to inadvertently find themselves estopped from denying an assignment has occurred.

Contact John Gillette if you have any queries on whether you’ve fulfilled your lease formalities.

Note: This article is not legal advice; it provides information of general interest about current legal issues.

Stay in touch

Subscribe to our newsletter

Stay in touch

By completing your details and submitting this form you confirm you are happy for us to send you marketing communications and that you agree to our Website Privacy Policy and Legal Notice and to us using Mailchimp to process your data.


Sending

News/Insight

  • Family mediation and child arrangements
    What to do when you separate and there is no agreement in place for the children?


    Read more
  • Is your business acquisition ready?
    Is your business ready for an acquisition? Learn key considerations from corporate lawyer Evangelos Kyveris at RIAA Barker Gillette, including growth strategy alignment, financial readiness, logistical preparation, and professional assistance for a s


    Read more
  • Preventing sexual harassment
    Employers are facing a pivotal moment as they brace for new regulations regarding sexual harassment set to take effect in October 2024.


    Read more
  • Why employers need a reflective response to employee beliefs
    Recent tribunal judgments on the freedom to express gender-critical views highlight the growing challenge for employers in safely navigating discrimination in the workplace in the face of increasingly complex social attitudes.


    Read more
  • A spotlight on child arrangements in the UK
    Celebrating National Children’s Day.


    Read more

What they say...

  • Georgina, July 2024
    “We used Peter Wright to act as a conveyancing solicitor in a recent house purchase. We found him approachable, affordable, would return calls, give any necessary advice without being intrusive, and was very thorough in all investigations on th

  • Oggy, July 2024
    “An excellent, professional and importantly, symapthetic service imparted to me from Karen at a most stressful time.” Employment

  • Sarah and Luke Oubridge, July 2024
    “We could not be more happy with the service provided by Herman and his team. From start to finish, we felt listened to, understood and also shared a laugh. Huge thanks.” Wills, tax and trusts

  • Tim Blunn, June 2024
    “My Solicitor (Patrick Simpson) was easy to speak to and very informative throughout my case. I would 100% recommend RIAA Barker Gillette (UK) LLP for employment related issues.”

  • Sabrina, June 2024
    “…mentioned a few complex areas and I appreciated the honesty and clear guidance provided. I would recommend [Pippa Marshall] highly.” Family law – prenup advice

Read more
Send this to a friend