Define: Equitable Lease

Equitable Lease
Equitable Lease
Quick Summary of Equitable Lease

An equitable lease is created when one person contracts with another to assign or create a lease, in circumstances where the lease should be created by deed or registered. For most purposes, the lessee will be treated in litigation as if the formalities had been observed, under the equitable doctrine of ‘equity sees as done that which ought to be done’. However, if the lessee wished to assign the lease to another (see: Assignment land and property), the presence of covenants (see: Covenant) does not bind the assignee in the same way as for a legal lease.

What is the dictionary definition of Equitable Lease?
Dictionary Definition of Equitable Lease

An agreement for the grant of an interest in land on terms that correspond to a legal lease but do not comply with the necessary formal requirements of a legal lease.

An agreement for the grant of a legal lease interest on terms that correspond to a legal lease but do not meet the formal requirements of a legal lease. For example, if L purports to grant T a seven-year lease but the transaction is performed by a simple written lease grant contract rather than a deed, the court may enforce the lease grant contract between the parties. This is consistent with the idea that “equity considers as done that which ought to be done” (see maxims of equity) (Walsh v. Lonsdale (1820) 21 Ch. 9). T’s rights under the contract could also be recognised as an estate contract, binding any third person who acquires L’s stake in the land.

Full Definition Of Equitable Lease

An equitable lease is a concept in property law that pertains to a lease agreement that does not meet all the formal legal requirements to be classified as a legal lease but is still recognised and enforced by equity. This overview aims to provide a comprehensive understanding of equitable leases, exploring their definition, formation, key characteristics, enforceability, and practical implications.

Definition and Background

Equitable leases arise from the principles of equity, which aim to achieve fairness and justice where strict application of the law may result in an unjust outcome. While a legal lease requires specific formalities, such as being in writing and signed by both parties, an equitable lease can exist even when these formalities are not met, provided certain conditions are satisfied.

Formation of Equitable Leases

An equitable lease can be formed under various circumstances, primarily when the parties have agreed on the essential terms of the lease but have not complied with the formalities required to create a legal lease. These circumstances include:

  • Incomplete Formalities: If the lease agreement is intended to be in writing but is only agreed upon verbally or is not signed by both parties, it may still be recognised as an equitable lease.
  • Specific Performance: When the parties have entered into an agreement that is enforceable by specific performance, an equitable lease may be recognised. This means that the court can order the parties to fulfil their contractual obligations, effectively creating a lease.
  • Doctrine of Part Performance: If one party has taken significant steps to perform their part of the agreement, such as paying rent or taking possession of the property, the court may enforce the lease as an equitable lease, even if the formalities are incomplete.

Key Characteristics of Equitable Leases

Equitable leases possess distinct characteristics that differentiate them from legal leases:

  • Enforceability by Equity: Equitable leases are recognised and enforced by courts of equity rather than courts of law. This means that equitable principles, such as fairness and justice, guide their enforcement.
  • Lack of Legal Title: Unlike legal leases, equitable leases do not grant the lessee a legal estate in the property. Instead, the lessee holds an equitable interest, which can be enforced against the lessor and subsequent purchasers with notice.
  • Binding Nature: Equitable leases bind the original parties and any third parties who acquire the property with notice of the lease. This ensures that the lessee’s rights are protected even if the property is sold.

Enforceability of Equitable Leases

The enforceability of equitable leases depends on several factors, including the conduct of the parties and the specific circumstances of each case.

  • Notice: For an equitable lease to be enforceable against third parties, they must have notice of its existence. This notice can be actual, constructive, or imputed. Actual notice occurs when the third party is explicitly informed, constructive notice arises from the inspection of public records, and imputed notice is based on the knowledge that an agent is expected to have.
  • Specific Performance: Courts may order specific performance to enforce an equitable lease, requiring the parties to fulfil their contractual obligations. This is more likely when the lessee has taken possession of the property or made improvements based on the lease agreement.
  • Part Performance: If one party has acted in reliance on the lease agreement, such as paying rent or taking possession, the court may recognise and enforce the equitable lease to prevent injustice.

Practical Implications

Equitable leases have significant practical implications for both lessors and lessees.

  • Flexibility: Equitable leases provide flexibility in situations where formal legal requirements cannot be met immediately. They allow parties to proceed with their arrangements while ensuring that their interests are protected.
  • Risk of Non-Enforcement: Since equitable leases rely on equitable principles, there is a risk that they may not be enforced if the court determines that fairness and justice do not support their recognition. This creates some uncertainty for parties relying on equitable leases.
  • Importance of Documentation: To minimise the risk of disputes and non-enforcement, it is crucial for parties to document their agreements as comprehensively as possible. Even if all formalities cannot be met, written evidence of the agreement can strengthen the case for an equitable lease.

Comparison with Legal Leases

Understanding the distinctions between equitable and legal leases is essential for grasping their respective advantages and limitations.

  • Formality: Legal leases require adherence to strict formalities, including written agreements and signatures, while equitable leases can be recognised without meeting all these requirements.
  • Title and Interest: Legal leases grant a legal estate in the property, providing stronger protection and rights to the lessee. In contrast, equitable leases confer an equitable interest, which may be less robust in certain situations.
  • Enforcement: Legal leases are enforceable by law, offering greater certainty and predictability. Equitable leases rely on the discretion of courts of equity, which may result in varied outcomes based on the principles of fairness and justice.

Case Law and Judicial Interpretation

Judicial decisions play a crucial role in shaping the understanding and application of equitable leases. Several landmark cases illustrate the principles and nuances of equitable leases:

  • Walsh v Lonsdale (1882): This case established that an agreement to create a lease, if enforceable by specific performance, can be treated as an equitable lease. The court held that the equitable lease was as effective as a legal lease, emphasising the importance of the parties’ intentions and the enforceability of their agreement.
  • Parker v Taswell (1858): This case highlighted the significance of part performance in recognising an equitable lease. The court ruled that acts such as taking possession and paying rent in reliance on an oral agreement could justify the enforcement of an equitable lease.
  • Coatsworth v Johnson (1886): The court in this case reinforced the principle that an equitable lease could bind third parties with notice. The decision underscored the importance of notice in determining the enforceability of equitable leases against subsequent purchasers.

Advantages and Disadvantages of Equitable Leases

Equitable leases offer both advantages and disadvantages for the parties involved.


  • Flexibility: Equitable leases provide a practical solution when formal legal requirements cannot be immediately met, allowing parties to proceed with their arrangements.
  • Protection of Interests: They protect the interests of the lessee by recognising their equitable rights, even in the absence of a legal lease.
  • Potential for Enforcement: Courts can enforce equitable leases through specific performance, ensuring that the parties fulfil their contractual obligations.


  • Uncertainty: The reliance on equitable principles introduces a degree of uncertainty, as the court’s decision may vary based on the specific circumstances and considerations of fairness.
  • Weaker Protection: Equitable leases confer an equitable interest rather than a legal estate, which may provide weaker protection in some situations, particularly against third parties.
  • Dependence on Notice: The enforceability of equitable leases against third parties depends on the presence of notice, which can complicate matters in cases of property transfers.

Practical Steps for Creating and Protecting Equitable Leases

To maximise the benefits and minimise the risks associated with equitable leases, parties can take several practical steps:

  • Document Agreements: Even if formalities cannot be fully met, it is essential to document the lease agreement as comprehensively as possible. Written evidence strengthens the case for an equitable lease.
  • Act in Reliance: Lessees should act in reliance on the lease agreement by taking possession of the property, paying rent, or making improvements. These actions can support the recognition and enforcement of an equitable lease.
  • Provide Notice: Ensuring that third parties have notice of the equitable lease is crucial for its enforceability. This can be achieved through explicit communication, public records, or other means of providing constructive or imputed notice.
  • Seek Legal Advice: Consulting with legal professionals can help parties navigate the complexities of equitable leases and ensure that their interests are adequately protected.


Equitable leases play a vital role in property law, offering a flexible and fair solution when formal legal requirements cannot be immediately met. While they provide valuable protection and enforceability through courts of equity, they also introduce elements of uncertainty and potential risk. By understanding the principles, characteristics, and practical implications of equitable leases, parties can make informed decisions and take appropriate steps to safeguard their interests. Effective documentation, reliance on the agreement, and providing notice to third parties are key strategies for creating and protecting equitable leases in various circumstances.

Equitable Lease FAQ'S

An equitable lease is a legal concept that arises when a property owner grants another party the right to possess and use the property for a specified period, even though a formal lease agreement has not been executed. It is recognised in equity, providing certain protections and obligations similar to those of a formal lease.

An equitable lease can be created through various means, such as an oral agreement, the conduct of the parties, or the operation of law. For example, if a property owner allows someone to occupy their property in exchange for rent payments, an equitable lease may be established even without a written lease agreement.

An equitable lease imposes rights and obligations similar to those of a formal lease agreement. These may include:

  • The right to possess and use the property for the agreed-upon period.
  • The obligation to pay rent or other consideration in exchange for the use of the property.
  • Responsibilities for maintenance, repairs, and compliance with lease terms.
  • Protections against eviction or arbitrary termination of the lease by the landlord.

Yes, an equitable lease is enforceable in court, and parties to an equitable lease have legal remedies available to them to enforce their rights or seek redress for breaches of the lease terms. However, enforcement may be subject to the specific circumstances of the case and applicable legal principles.

An equitable lease differs from a formal lease agreement primarily in its formality and legal recognition. While a formal lease is typically documented in writing and governed by specific statutory provisions, an equitable lease may be established through less formal means and is recognised based on equitable principles rather than strict legal requirements.

An equitable lease can be terminated through various means, including mutual agreement between the parties, expiration of the agreed-upon lease term, or by operation of law. Additionally, certain circumstances, such as non-payment of rent or breach of lease terms, may give rise to termination rights for the landlord.

If a dispute arises over an equitable lease, the parties involved may seek resolution through negotiation, mediation, or by pursuing legal action in court. The courts will consider the circumstances surrounding the creation and enforcement of the equitable lease and may issue rulings based on principles of equity and fairness.

In some cases, an equitable lease may be assigned or sublet by the tenant, subject to any restrictions or conditions outlined in the lease agreement or imposed by law. However, the ability to assign or sublet an equitable lease may depend on the specific terms of the arrangement and applicable legal principles.

Related Phrases
No related content found.

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 9th June 2024.

Cite Term

To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.

  • Page URL:
  • Modern Language Association (MLA):Equitable Lease. DLS Solicitors. June 12 2024
  • Chicago Manual of Style (CMS):Equitable Lease. DLS Solicitors. (accessed: June 12 2024).
  • American Psychological Association (APA):Equitable Lease. Retrieved June 12 2024, from website:
Avatar of DLS Solicitors
DLS Solicitors : Family Law Solicitors

Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.

All author posts