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Agnes grants Matt a lease of a flat she owns in the city centre of Oldcastle. The lease provides that Matt must pay Agnes a rent of £1,000 per month. Agnes wants to ensure that when she dies, her children will be free to use or sell the flat as they wish, and she expresses the term of the lease to be "for the remainder of the Landlord's lifetime." Which of the following statements best describes the legal position?
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The term of the lease is uncertain, but the grant of the lease is effective to create a lease for 90 years determinable on notice after Agnes' death. According to Section 149(6) of the Law of Property Act 1925, leases expressed to be determinable on death, marriage, or civil partnership and which are made in consideration of a premium or rent shall be converted to a 90-year tenancy determinable on notice served after the specified event.
Key Point: Section 149(6) LPA 1925 converts leases that are determinable on the occurrence of an event such as death into a 90-year lease, determinable on notice after the event. This ensures that the lease term is sufficiently certain.
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