Q&As

Can the lease have an effective date that is prior to the date of signature?

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Published by a ³ÉÈËÓ°Òô Property expert
Published on: 14 August 2018
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Date of signature v date of commencement

The date on which a lease is intended to commence can be different to the date on which it is signed. Whereas a simple contract takes effect once signed by all parties, a deed will take effect on delivery. If the obligations under the deed are intended to commence or be deemed to commence on a date different to the date of delivery, then this should be made clear in the document itself in a separate commencement clause. The date of the deed is usually stated at the beginning of the document and the commencement clause within the main body of the

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Jurisdiction(s):
United Kingdom
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Key definition:
Delivery definition
What does Delivery mean?

Delivery is defined in the sale of goods Act 1979, s 61(1) as the 'voluntary transfer of possession from one person to another' which is the point in time when the parties can be seen to have agreed that the legal right to possession of the goods passes from the seller to the buyer. A distinction must be made between the transfer of possession/delivery and the passing of title/ownership.

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