释义 |
agreement for a lease A contract to enter into a lease. Special rules govern the creation of such a contract. Before 27 September 1989, a contract to grant a lease was unenforceable unless it was evidenced in writing (Law of Property Act 1925 s 40) or evidenced by a sufficient act of part performance (such as taking possession and paying rent). Since 27 September 1989, a contract to grant a lease for not more than three years may be made orally or by written agreement so long as it does not give rise to a future lease. A contract to grant a longer lease must be in writing, incorporating all the terms of the agreement, and signed by the parties (Law of Property (Miscellaneous Provisions) Act 1989 s 2). A contract that does not comply with these requirements is void irrespective of performance unless it gives rise to a constructive or resulting trust (Law of Property (Miscellaneous Provisions) Act 1989; Yaxley v Gotts [1999] EWCA Civ 3006, [2000] Ch 162). |