BHSM

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.

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.