Formalities for Creating a Lease

Abstract

A lease is essentially a contract between two parties, the landlord (or lessor) and the tenant (or lessee). It was held in the House of Lords’ case of Rye v. Rye (1962) that the landlord and the tenant must be different persons, and that a lease granted by two persons in their private capacity to a partnership of which they were both partners was void. Viscount Simonds said in the case ‘It is meaningless to say that a man accepts from himself something which is already his own’.