Tenancy by Deed

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  • Tenancy by Deed

    I understand that if an assured shorthold tenancy is for a period over 3 years - it has to be made by deed - does this also apply to Contractual tenancies (rent over £25,000 per annum)?

    Thank you

  • #2
    Only if it is for more than three years.
    The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

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    • #3
      Originally posted by vanandmatt View Post
      I understand that if an assured shorthold tenancy is for a period over 3 years - it has to be made by deed - does this also apply to Contractual tenancies (rent over £25,000 per annum)?

      Thank you
      Yes, as Paul_f says.
      It's not because of the Housing Act 1988 but, rather, because of s.54(2) of Law of Property Act 1925- applies to all leases/tenancies:
      a. at best rent reasonably obtainable; and
      b. not at a 'fine' which -for practical purposes- means that the lease does not involve a premium (purchase price) or similar payment.
      JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
      1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
      2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
      3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
      4. *- Contact info: click on my name (blue-highlight link).

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