5 Leases for Lives
4.14 At common law a fixed term will continue after the death of the tenant, and vest in his personal representatives. If the lease is expressed to be determinable on the death or marriage of one of the parties, it is converted by the Law of Property Act 192526 into a fixed term of 90 years.
It will continue after the tenant’s death or marriage, but is terminable by either party giving one months notice in writing on the other, ending on the quarter day applicable to the lease (or if there is none on one of the usual quarter days). The provision for at least 12 months notice to terminate, contained in s 7 of the 1995 Act, is expressly excluded in this case,27 and the notice provisions of the Law of Property Act 1925 apply unaffected. If the parties have expressed the tenancy to be determinable on the death of the tenant, therefore, rather than including a break clause operable on his death, the shorter one-month notice period will be applicable to terminate the tenancy following the tenant’s death.
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