Q&As

If a lease is varied to remove the rent review provisions and replace these with a stepped rent increasing at the beginning of the sixth year of the term does this constitute a surrender and regrant of the lease for SDLT purposes?

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Produced in partnership with Sean Randall of Blick Rothenberg
Published on LexisPSL on 18/11/2020

The following Tax Q&A produced in partnership with Sean Randall of Blick Rothenberg provides comprehensive and up to date legal information covering:

  • If a lease is varied to remove the rent review provisions and replace these with a stepped rent increasing at the beginning of the sixth year of the term does this constitute a surrender and regrant of the lease for SDLT purposes?

It should not count as a surrender and regrant as a matter of land law and it should not count as one as a matter of stamp duty land tax (SDLT) law. A variation to increase the amount of rent is not treated as the grant of a new lease for SDLT purposes unless th

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