Even an unlawful sub-tenancy can have protection under Part II of the 1954 Act. The court described as fallacious the submission that section 74(1) does not extend to or answer the question whether the document has ever been delivered, saying: ‘The section says that the document is to be deemed to have been duly executed … Continue reading D’Silva v Lister House Development Ltd: 1970
‘A deed, whether executed by a corporation or by an individual, does not necessarily bind the grantor as soon as it is sealed. It only becomes binding when it has been ‘delivered’ by the grantor as his deed, i.e., when the grantor has indicated by words or conduct that he intends the deed which he … Continue reading Windsor Refrigerator Co Ltd v Branch Nominees: 1961
(Obiter) The section did not dispense with the need for delivery of a deed executed by a corporation. Judges: Nourse LJ Citations: (1989) 58 PandCR 189 Statutes: Law of Property Act 1925 74(1) Jurisdiction: England and Wales Cited by: Cited – Bolton Metropolitan Borough Council v Torkington CA 31-Oct-2003 The proposed landlord had sealed the … Continue reading Longman v Viscount Chelsea: CA 1989
A lease contained an option to renew. Both the lease and the reversion were assigned for value. The assignee of the lease exercised the option and a new lease and counterpart were engrossed. The tenant executed the counterpart. The assignee of the reversion, a company, sealed the lease, but then sought to avoid granting the … Continue reading Beesly v Hallwood Estates Ltd: 1960
The proposed landlord had sealed the lease, but the tenant was to seal and deliver his part by a certain date. The respondent purported to complete the lease later. Held: Under the 1985 Act completion would require writing, intention and delivery. Sealing was insufficient. Section 74 of the 1925 Act did not refer to delivery. … Continue reading Bolton Metropolitan Borough Council v Torkington: CA 31 Oct 2003
Before the parties called evidence, and having read the papers, the court considered that there was no real defence shown, and invited submissions. Negotiations for the grant of a tenancy had been terminated by the sudden illness of the proposed . .