Q&As

Where a deed of variation to a registered lease alters the extent of the demise but makes no other changes to the lease, does it need to be registered at HM Land Registry?

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Published on LexisPSL on 08/10/2019

The following Property Q&A provides comprehensive and up to date legal information covering:

  • Where a deed of variation to a registered lease alters the extent of the demise but makes no other changes to the lease, does it need to be registered at HM Land Registry?
  • Deed of variation increasing the demise
  • Deed of variation decreasing the demise

Where a deed of variation to a registered lease alters the extent of the demise but makes no other changes to the lease, does it need to be registered at HM Land Registry?

Deed of variation increasing the demise

A deed of variation that increases the extent of the demise will result in an implied or deemed surrender and re-grant of a lease (Friends’ Provident Life Office v British Railways Board). This is because the 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. For further guidance on deemed surrender and re-grant, see:

  1. Practice Note: Surrender by operation of law

  2. Practice Note: Lease variations—surrender and re-grant issues

See also: Practice Note: Granting more space to an existing tenant and Precedent: Supplemental lease by reference.

If the deed of variation amounts to a surrender and re-grant, as it purports to increase the demise, then:

  1. the existing leasehold title will need to be closed at HM Land Registry, (see Practice Note: Lease surrenders and HM Land Registry Practice Guide: leases—determination, in particular section 5 ‘Determination: on surrender by operation of law’)

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