Tenancies created by Deed

Any land related transactions for a three year period or more must be created by a deed. This includes residential tenancies. This is a requirement under the law of property Act 1925 Section 52.
Creating tenancies by deed
The new requirements for creating a deed are that the person making it or one of more of the parties to it must;
- Clearly note on the document that it is intended to be a deed either by explicitly describing it as a deed or stating that it is and signed or executed as a deed
- Properly executing the document as a deed.

Executing a deed

A document is propertly executed as a deed if it is;

- Signed in the presence of a witness who confirms the signature or if the document has already been signed the signatory must be present with two witnesses who both confirm the signature.

- Delivered as a deed by the signatory or someone authorised by them to do so on their behalf.
As a tenancy of 3 years or moremust be drafted as a deed this means that is must also be in writing.

For more information or advice please call

0845 2 30 29 28