Q&As

A lease extension outside of the Leasehold Reform, Housing and Urban Development Act 1993 was proceeding when all other tenants served a section 13 notice for collective enfranchisement of the property. The lease extension has been suspended by virtue of the enfranchisement. However, the freeholder has been approached by the tenant who was seeking the lease extension, who has asked whether a deed of variation could be entered into to clarify the extent of their demise. The extent of the demise will not be changing. Legally, can this be done?

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Produced in partnership with Desmond Kilcoyne
Published on LexisPSL on 25/10/2018

The following Property Q&A produced in partnership with Desmond Kilcoyne provides comprehensive and up to date legal information covering:

  • A lease extension outside of the Leasehold Reform, Housing and Urban Development Act 1993 was proceeding when all other tenants served a section 13 notice for collective enfranchisement of the property. The lease extension has been suspended by virtue of the enfranchisement. However, the freeholder has been approached by the tenant who was seeking the lease extension, who has asked whether a deed of variation could be entered into to clarify the extent of their demise. The extent of the demise will not be changing. Legally, can this be done?

A lease extension outside of the Leasehold Reform, Housing and Urban Development Act 1993 was proceeding when all other tenants served a section 13 notice for collective enfranchisement of the property. The lease extension has been suspended by virtue of the enfranchisement. However, the freeholder has been approached by the tenant who was seeking the lease extension, who has asked whether a deed of variation could be entered into to clarify the extent of their demise. The extent of the demise will not be changing. Legally, can this be done?

By section 19 of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993):

‘(1) Where the initial notice [ie the section 13 notice] has been registered in accordance with section 97(1) [ie under the Land Charges Act 1972 (for unregistered land) or Land Registration Act 2002 (for registered land)], then so long as it continues in force:

(a) any person who owns the freehold of the whole or any part of the specified premises or the freehold of any property specified in the notice under section 13(3)(a)(ii) shall not—

(i) make any disposal severing his interest in those premises or in that property, or

(ii) grant out of that interest any lease under which, if it had been granted before the relevant date, the interest of the tenant would to

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