• Playing by different rules
  • January 25, 2007 | Author: Charles J.E. Leach
  • Law Firms: Mayer Brown International LLP - London Office; Mayer Brown International LLP - Chicago Office
  • Historically English law has distinguished leases from other forms of contract. A lease creates an estate in land and therefore was not regarded in the same light as other contractual bargains. A distinct set of rules evolved to govern the rights and obligations of landlords and tenants in lieu of the ordinary principles of English contract law. Latterly however the courts have been eager to emphasise the contractual nature of a lease as a bargain struck between two parties, amidst judicial observations that the resolution of a dispute ought not to be determined in one manner within a landlord and tenant relationship and in a different manner within another contractual nexus.