One issue which arises in considering in particular whether
the second requirement (see
BLM74635) is satisfied is whether there
was in existence a 'contract in writing for the lease' prior to 26
November 1996. In practice you may accept the provision of a
detailed term sheet as a contract in writing for the lease even if
it is arguable whether it amount to a binding agreement between the
parties, see
BLM74655.
