| 单词 | Reversionary lease |
| 释义 | 復歸租約 A lease which takes effect in the future after the expiration of a lease which has already commenced in occupation: for example Hang Seng School of Commerce v Maunsell Consultants Asia [1985] HKLR 134. Such lease is also known as future lease. While the tenant does not have the right of possession yet, he has vested interest known as ‘interesse termini’, but where that has been abolished in England by the Law of Property Act 1925 (UK) he now has an interest in the estate of the reversion as held by the landlord of the current lease: Lewis v Baker [1905] 1 Ch 46. Where the reversionary lease is to take effect on the termination of a present lease, the reversion and the right to distrain for the rent due under the present lease remain in the landlord: Lewis v Baker, supra. Where the present lease and the reversionary lease were vested in the same person, the estate under the present lease and the interesse termini under reversionary lease remained distinct. The two leases were not merged together: Lord Llangattock v Watney, Combe, Reid & Co Ltd [1910] AC 394; Knight v City of London Brewery Co [1912] 1 KB 10. Its commencement date will be subject to the rule against perpetuities: Gillard v Cheshire Lines (1884) 32 WR 943. See also Estate. 有關的租約在有效期屆滿之後於未來生效，而該租約已經因佔有而已經開始：例如Hang Seng School of Commerce v Maunsell Consultants Asia [1985] HKLR 134。此租約也稱為未來的租約。儘管租客仍沒有管有權，租客獲賦予「租期權益」，但已在英國由《1925年財產法律令》廢除，租客現有由現行租約業主持有的產業的復歸權益：Lewis v Baker [1905] 1 Ch 46。如復歸租約在現行租約終止時生效，業主仍有復歸的權益和為追討欠繳租金而扣押的權利：Lewis v Baker, 見上文。如同一人獲賦予現行的租約和復歸租約，在現行租約下的產業和在復歸租約下的租期權益仍然各自獨立。兩份租約並沒有合併在一起：Lord Llangattock v Watney, Combe, Reid & Co Ltd [1910] AC 394; Knight v City of London Brewery Co [1912] 1 KB 10。針對財產恆繼的原則會限制有關租約開始的日期：Gillard v Cheshire Lines (1884) 32 WR 943。另見 Estate。 |
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