Q&As

Where Company A holds a concurrent lease of an area of a building that is to be subject to a deed of surrender between Company A and Company B, should the freeholder be joined in as a party to the deed of surrender? There is no restriction on surrendering or assignment in the immediate lease of the area.

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Published on LexisPSL on 22/02/2018

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

  • Where Company A holds a concurrent lease of an area of a building that is to be subject to a deed of surrender between Company A and Company B, should the freeholder be joined in as a party to the deed of surrender? There is no restriction on surrendering or assignment in the immediate lease of the area.

Where Company A holds a concurrent lease of an area of a building that is to be subject to a deed of surrender between Company A and Company B, should the freeholder be joined in as a party to the deed of surrender? There is no restriction on surrendering or assignment in the immediate lease of the area.

In this scenario, it appears that Company A has a concurrent lease of the surrender area. You may wish to review Practice Note which deals with concurrent leases and the further reading suggested within it: Concurrent and reversionary leases. This states:

‘Where a concurrent lease has been granted since LT(C)A

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