The following Property practice note provides comprehensive and up to date legal information covering:
The implied or deemed surrender and re-grant of a lease arises where an agreed variation of the terms of the original lease is so fundamental that the law regards it as being wholly inconsistent with the original lease. As a result, the original lease is deemed to have been surrendered and a new lease is deemed to have been granted between the original parties on the terms of the original lease as varied.
Alterations to the estate granted are examples of this. Therefore, variations which will definitely bring about a surrender and re-grant are:
an increase in the extent of the demise (this applies even if the additional area is being added so as to compensate for a part of the original demise which the tenant is giving back to the landlord), or
an increase in the length of the term of the original lease
Except where a variation alters the estate granted (as above), the question of whether a variation effects an implied surrender and re-grant depends on the intention of the parties.
Examples of variations which will not give rise to an implied surrender and re-grant are:
an increase in rent (unless the variation is oral and the tenancy cannot be varied orally)
a reduction in rent (unless the reduction in rent is accompanied by a giving up of possession
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and procedure in the civil courts that have been introduced as a result of the coronavirus (COVID-19) pandemic. For guidance, see Practice Note: Coronavirus
This Practice Note provides guidance on claims for ‘use and occupation’ or mesne profits, and how and when double rent or double value can be claimed.Claims for use and occupationA claim for use and occupation is possible where there is occupation of land without an express agreement fixing the
There may be times when, rather than assigning the benefit of an agreement to a third party, the original parties wish instead to end their obligations to each other under that agreement and, in effect, recreate it, with the third party stepping into the shoes of one of the original parties. This is
This Practice Note considers the doctrine of forum non conveniens, also referred to as the appropriate forum or the proper place for a dispute to be determined. This doctrine is of relevance when determining whether the courts of England and Wales have jurisdiction to hear a dispute and is applied
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.