This Practice Note explains what is meant by a ‘lease re-gear’. It looks at key triggers for lease re-gears and the commercial drivers (for both landlords and tenants). It also gives examples of common lease terms that are renegotiated on a lease re-gear and how a lease re-gear may be structured.
What is a lease re-gear?
A ‘lease re-gear’ is a commercial term referring to the renegotiation of lease terms during the term of a lease. The terms ‘lease variation’ and ‘lease re-gear’ are often used interchangeably, but lease re-gears do not always involve a formal lease variation. A formal lease variation is only one mechanism that might be used to bring about a lease re-gear, but other transactions are often necessary to give effect to the new commercial agreement.
Depending on the new terms agreed between the landlord and the tenant, a re-gear can involve:
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a surrender and re-grant (eg surrender of the existing lease by deed or operation of law and the grant of a new lease on the revised terms)
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