Part II E+W Contracts, Conveyances and other Instruments

Conveyances and other Instruments E+W

52 Conveyances to be by deed. E+W

(1) All conveyances of land or of any interest therein are void for the purpose of conveying or creating a legal estate unless made by deed.

(2) This section does not apply to—

(a) assents by a personal representative;

(b) disclaimers made in accordance with [F1 sections 178 to 180 or sections 315 to 319 of the Insolvency Act 1986], or not required to be evidenced in writing;

(c) surrenders by operation of law, including surrenders which may, by law, be effected without writing;

(d) leases or tenancies or other assurances not required by law to be made in writing;

[F2 (da) flexible tenancies;

(db) assured tenancies of dwelling-houses in England that are granted by private registered providers of social housing and are not long tenancies or shared ownership leases;]

(e) receipts [F3 other than those falling within section 115 below];

(f) vesting orders of the court or other competent authority;

(g) conveyances taking effect by operation of law.

[F4 (3) In this section—

• “ assured tenancy ” has the same meaning as in Part 1 of the Housing Act 1988;

• “ dwelling-house ” has the same meaning as in Part 1 of the Housing Act 1988;

• “ flexible tenancy ” has the meaning given by section 107A of the Housing Act 1985;

• “ long tenancy ” means a tenancy granted for a term certain of more than 21 years, whether or not it is (or may become) terminable before the end of that term by notice given by the tenant or by re-entry or forfeiture;

• “ shared ownership lease ” means a lease of a dwelling-house—

  (a)

  granted on payment of a premium calculated by reference to a percentage of the value of the dwelling-house or of the cost of providing it, or

  (b)

  under which the lessee (or the lessee's personal representatives) will or may be entitled to a sum calculated by reference, directly or indirectly, to the value of the dwelling-house.]

Textual Amendments

F1 Words substituted by virtue of Insolvency Act 1985 (c. 65, SIF 66) s. 235(1), Sch. 8 para. 4 and Insolvency Act 1986 (c. 45, SIF 66), ss. 437, 439(2), Sch. 11 para. 10, Sch. 14

F2 S. 52(2)(da)(db) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 156(1), 240(2); S.I. 2012/628, art. 6(a) (with arts. 9 11 14 15 17)

F3 Words substituted by Law of Property (Miscellaneous Provisions) Act 1989 (c. 34, SIF 98:1), s. 1(8), Sch. 1

F4 S. 52(3) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 156(2), 240(2); S.I. 2012/628, art. 6(a) (with arts. 9 11 14 15 17)

Modifications etc. (not altering text)

C1 S. 52 excluded (1.12.2022) by Renting Homes (Wales) Act 2016 (anaw 1), ss. 72(2), 257(2) (with ss. 18(3), 72(1), 254); S.I. 2022/906, art. 2