The Bruton Tenancy

My article “The Bruton tenancy” has just appeared – (2010) 1 Conveyancer and Property Lawyer 38 – 56.

The judgments in the Court of Appeal and in the House of Lords are fascinating and discuss fundamental issues concerning the nature of the lease. Can there be a purely contractual lease? This is a lease that is not an estate in land.

There has been a good deal of commentary on the decisions and this article draws on this literature and, of course, seeks to add to it in a useful way.

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