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Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7435
Experience:  BA (Hons), PgDip, Practising Solicitor
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We have an applicant who wishes to proceed with an assured

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We have an applicant who wishes to proceed with an assured shorthold tenancy the landlord and tenant both wish to enter a three year fixed term ast at a rent of £1300pcm is this possible or would it become a deed

Thanks for your patience.

If the term of the lease is exactly three years then this means that it does not need to be executed as a deed. This is because of s54(2) Law of Property Act 1954 and because being exactly three years does not “exceed” three years.

Therefore if they did not execute it as a deed it would still be binding. However, its very easy to draft as a deed and execute as such so I usually advise to execute tenancies as deeds in any event.

if the tenancy for a term of three years and one day or more then it must be executed as a deed otherwise it will be void.

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