BHSM

This Practice Note sets out the circumstances where varying a lease could potentially trigger an implied or deemed surrender and re-grant of a commercial lease. It considers the circumstances that may or may not trigger this; some potential distinctions between the position in Ireland and England, the consequences arising from an inadvertent surrender and re-grant for both landlords and tenants and some alternatives to a deed of variation to avoid this potential pitfall entirely.

This Precedent is a deed of grant for an easement of a right of way, with or without vehicles. It includes an optional clauses setting out mortgagee’s consent to the grant.

This Precedent is a deed varying the terms of a lease. It includes provision to join in any guarantor of the tenant to consent to the variation and avoid the guarantor being released from liability.