Q&As

A lease was granted of a flat and garage. The flat only was transferred by way of TP1 to a third party and so the flat and garage now have separate leasehold titles under the original lease. The landlord and tenant now wish to vary the lease so far as it relates to the garage. Can this be done by a simple deed of variation (providing that no terms are varied which would act as a surrender and re-grant)? Or can this not be done given that the leasehold interest is now covered by two separate titles?

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Produced in partnership with Helen Galley of XXIV Old Buildings

Published on: 30 January 2019

The first thing to note is that although the tenant could have granted a sublease of the flat, keeping a reversionary interest expectant on the termination of the sublease, they did not do so. Had they done so, the terms of the lease in so far as they are related to the garage could have been varied by a deed if variation as, although there would be two registered leasehold titles, one would relate to the lease and one to the

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Helen Galley

XXIV Old Buildings

Helen has built up a reputation as a well-respected commercial Chancery practitioner with an emphasis on property and trusts related issues. She has built up extensive and wide ranging expertise in both non contentious and contentious property matters ranging from small scale cases to multi-million pound developments. Helen has also acted in a wide range of commercial and business disputes in areas as diverse as travel, hire purchase, the media, entertainment, IPR, IT and e-commerce. Contentious and non-contentious trusts matters, both on and offshore, are a regular feature of her caseload. Helen is a member of STEP, ACTAPS, the Property Bar Association, the Chancery Bar Association and IAL as well as an accredited mediator. Helen is recommended as “a first-rate advocate” in Legal 500 2015 for private client (trusts and probate), partnership and professional negligence. She is said to be “consistently able to provide excellent advice in a charming and friendly style” and is “responsive, hugely supportive and extremely user-friendly”.