Q&As
Where a lease is varied by reducing the extent of the demised premises, does this amount to an implied surrender and regrant of the lease in the same way as a variation increasing the demise does?
By operation of law, certain Variations to the terms of a lease by way of a Deed of variation can amount to a surrender and regrant of the lease, even if this is not what the parties in fact intended. The effect of a deemed surrender and regrant can potentially be extremely problematic for the landlord. In particular, if the lease is contracted out of the operation of Part II of the Landlord and Tenant Act 1954, on a deemed surrender and regrant this will no longer be the case. Additionally, there may be difficulties
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