Q&As

A freeholder (F) grants a long lease (Lease) of premises to tenant (T1) and then a reversionary lease to T2. T1 and T2 agree to a variation of the Lease. The reversionary lease does not contain any provision allowing T2 to act as agent for F in agreeing to vary the Lease. Does T1 require F consent to vary the lease?

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Published on LexisPSL on 20/11/2019

The following Property Q&A provides comprehensive and up to date legal information covering:

  • A freeholder (F) grants a long lease (Lease) of premises to tenant (T1) and then a reversionary lease to T2. T1 and T2 agree to a variation of the Lease. The reversionary lease does not contain any provision allowing T2 to act as agent for F in agreeing to vary the Lease. Does T1 require F consent to vary the lease?

Freeholder (F) grants a 250-year lease (Lease) of premises to tenant (T1).

F then grants a lease of the reversion (LOR) of the premises for 249 years, to T2.

T1 wishes to vary the Lease.

T2 is happy for the Lease to be varied as per T1’s request.

There is nothing in the LOR which enables T2 to act as agent of F in agreeing to vary the Lease.

Does T1 require F's consent to vary the Lease?

On ordinary principles the parties to a lease may agree to vary it. See generally, Practice Note: Lease variations—surrender and re-gra

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