Tenancy created by Deed (no rent)

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    Tenancy created by Deed (no rent)

    Am I correct in thinking that if an AST is created by way of an executed 'deed', then it becomes legally enforceable even without any consideration?

    If so, what are the requirements to effectively execute such a deed?

    #2
    Yes. See my CONV. FORUM post re contract law basics- http://www.landlordzone.co.uk/forums...ead.php?t=5470
    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).

    Comment


      #3
      Thanks Jeffrey.

      What steps down I need to take to ensure that that 'Deed' is executed correctly? My research so far has suggested the following:

      1) Should be signed by both parties and an independent witness.
      2) Top copy and counter copy should be exchanged
      3) The front page of the agreement should state that it is a deed.

      Anything else?

      Thanks

      Comment


        #4
        Originally posted by totalproperty View Post
        Thanks Jeffrey.

        What steps down I need to take to ensure that that 'Deed' is executed correctly? My research so far has suggested the following:

        1) Should be signed by both parties and an independent witness.
        2) Top copy and counter copy should be exchanged
        3) The front page of the agreement should state that it is a deed.

        Anything else?

        Thanks
        Yes, although:
        a. point 2 applies in all letting cases (even where not a Deed); and
        b. the fact that it's a Deed can appear anywhere. Best is that attestations should be worded like this:

        SIGNED as a Deed by [party' s name] in the presence of:
        Party signs to right of this wording.
        Witness signs below ths wording, then inserts own name/address in capitals.
        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).

        Comment


          #5
          What do you mean by "without any consideration"'? If no rent is payable it cannot be an AST.

          Comment


            #6
            Originally posted by Lawcruncher View Post
            What do you mean by "without any consideration"'? If no rent is payable it cannot be an AST.
            Yes, but a rent-free tenancy [who grants such things anyway?] could still be a binding common-law tenancy if by Deed. As you say, it could not be an AST as such [para. 3 of Schedule 1 to Housing Act 1988].
            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).

            Comment

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