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?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on: 20 July 2018
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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

Chris Bryden
Chris Bryden

Chris was called to the Bar in 2003 and since that time has built a busy practice across a range of areas, with an emphasis on Chancery practice. He enjoys a well-deserved reputation for his knowledge and expertise in each area. He appears regularly in the County Court, Family Court and the High Court as well as various specialist Tribunals, and has been involved in cases up to and including the Supreme Court. He regularly is instructed at Appellate level. He has extensive and wide-ranging experience particularly in the areas of wills, probate and inheritance disputes; property including adverse possession, boundary disputes and issues arising out of trusts of land; company and commercial work and financial remedies. Chris is head of the Family Group and head of the Property Team at 4KBW.

Chris is the author of numerous articles in publications such as the New Law Journal, Counsel and Family Law, amongst many other titles, and is the co-author of Social Media in the Workplace: A Handbook (2015, Jordan Publishing).

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Jurisdiction(s):
United Kingdom
Key definition:
Variations definition
What does Variations mean?

The formal way of instructing a contractor within a contract to change the scope or nature of the works.

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