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CELE SQE1 模拟练习

Examination Timing: 00H00M43S

Andy holds 25 The Street on a lease originally granted for 999 years. He is attempting to grant a sublease to Jill, but when his solicitor is drafting the lease, he mistakenly inserts "999 years" into the sublease, despite Andy's lease only having 850 years left to run. 


Which of the following statements best describes the legal position?

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Andy has not granted a valid sublease and the transaction operates as an assignment of his lease. For Andy to grant a lease, he must retain a "reversionary" interest in 25 The Street, meaning that any sublease he grants should be shorter than his own lease term. Since Andy's solicitor erroneously drafted the sublease term to be equal to the remaining term of Andy's lease, no reversionary interest is retained. Consequently, the transaction operates as an assignment of Andy's lease by operation of law (Beardman v Wilson (1868) LR 4 CP 57). 


Key Point: When granting a sublease, the original tenant must ensure the sublease is for a term less than their remaining lease term to retain a reversionary interest. Failure to do so results in the transaction being treated as an assignment rather than a sublease.

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