⇒ After establishing whether it satisfies the content rreqirements of a lease (see here) we must decide if it is legal or equitable and, therefore, whether or not a disponee is bound by it

• Make sure you have read all the previous topic notes, especially those on legal and equitable rights.

⇒ A legal lease for a term of three years or fewer can be created orally, provided the lease takes effect in possession at the best rent which can reasonable be obtained (Law of Property Act, section 52(2)(d); section 54(2)).

⇒ A lease for a term of between three and seven years must be created by deed in order to be legal (Law of Property Act, section 52(1)).

⇒ Where the lease is created over a registered estate in land for a term of more than seven years, the lease needs to be registered in order to be legal (Land Registration Act 2002, section 27(2)(b)(i)).

• See the topic notes on the Registered Regime.