ABSTRACT
In this chapter, the authors consider the distinction between legal and equitable leases in terms of creation of the lease and the implications for the parties of an equitable tenancy. The formalities for creation of a contract for lease depend on whether the contract was made before or after the enactment of the relevant provisions of the Law of Property. The doctrine of part performance no longer comes to the rescue of verbal agreements. It is perfectly possible for the parties under a lease to enter directly into the lease without any contract to do so preceding the final document. It is wise to make negotiations at this stage subject to contract to avoid the inadvertent creation of a binding contract. For a lease to take effect in possession the tenant must have the right to possession of the property.
