ABSTRACT

Part 5 of the New Code deals with the procedure for the termination and modification of code agreements. Modification is dealt with by Chapter 23. This chapter deals with the termination of code agreements. In summary, a lease is an agreement the right for a person exclusively to possess land for a fixed or periodic term, and usually at a rent. A lease to which Part 2 of the Landlord and Tenant Act 1954 applies cannot be a code agreement, in the sense provided for by paragraph 29(5). Part 5 will not apply to a 1954 Act agreement where the primary purpose is not to grant code rights and the agreement is one within the 1954 Act: paragraph 29(2). It is in unclear whether an informal agreement which is not a conferring agreement because it does not comply with Part 2 may nevertheless fall within the protection of the 1954 Act.