Variation of lease meaning

This Flowchart sets out the conditions that must be satisfied for the court to declare that a transaction constitutes a preference and grant relief. This diagram outlines the criteria that need to be met for the court to find a transaction is a preference and award appropriate relief...

Checklist During any due diligence for buying investment property subject to leases, a purchaser must determine if any guarantees from previous tenants or guarantors continue to subsist. This Checklist, although not comprehensive, outlines essential actions and points for review to assess whether, in practice, a past tenant or guarantor retains ongoing liability in respect of breaches committed by the present tenant. The legal framework governing former tenants and guarantors varies according to whether the lease qualifies as a new tenancy or an old tenancy for the purposes of section 1 of the Landlord and Tenant (Covenants) Act 1995 (LT(C)A 1995), as applicable. Leases granted on or after 1 January 1996 are treated as new tenancies, save for: leases granted pursuant to an agreement for lease or a court order made before that date leases granted pursuant to an option or a right of first refusal conferred prior to that date, and overriding leases granted pursuant to section 19 of the Landlord and Tenant...

This flow chart outlines the criteria for a specific creditor-defrauding transaction...

In this issue: Transferring property Statutory compliance Leasing property Residential property Property development Environment, energy and buildings Investigating title Property in Scotland Additional property updates this week Daily and weekly news alerts New and updated content Trackers Transferring property Supreme Court holds any ten-year period of reasonable belief within period of adverse possession sufficient In Brown v Ridley [2025] UKSC 7, the Supreme Court allowed the appeal unanimously. Interpreting LRA 2002, Sch 6, para 5(4)(c) correctly, the Court confirmed that any qualifying ten-year stretch during which the applicant reasonably believed they owned the land is enough. See: Supreme Court holds that any ten-year period of reasonable belief of ownership sufficient for registration under LRA 2002 (Brown v Ridley). HM Land Registry updates Practice Guide 8 HM Land Registry (HMLR) has revised Practice Guide 8—Execution of deeds. An update to section 2.7.2 clarifies that HMLR will accept a certificate from...

In this issue: Forfeiture Electronic communications Neighbour and party wall disputes Service charges Trespass and adverse possession Residential tenancies Lease covenants and obligations Contractual disputes Repairing obligations and dilapidations Property disputes in Scotland LexTalk®Property Disputes: a Lexis®Nexis community Further Property disputes updates Daily and weekly news alerts New and updated content Dates for your diary Trackers Latest Q&As Forfeiture Suing for service charges did not waive right to forfeit (Clemente v Mindmere Ltd) In Clemente v Mindmere Ltd [2024] All ER (D) 14 (Feb), [2024] UKUT 50 (LC), the Upper Tribunal (Lands Chamber) dismissed the tenant’s appeal against the First-tier Tribunal (Property Chamber). The FTT had concluded that administration charges of a specified amount were reasonable and, if demanded, recoverable from the appellant to reflect the landlord’s legal costs incurred before the FTT. A key issue was whether the landlord could pursue a County Court claim...

In this issue: Key developments and horizon scanning Lease covenants and obligations Forfeiture Trespass and adverse possession Residential tenancies Repairing obligations and dilapidations Disputes and remedies Property disputes in Scotland Additional Property Disputes updates LexTalk®Property Disputes: a Lexis®Nexis community Daily and weekly news alerts Dates for your diary Trackers Latest Q&As Key developments and horizon scanning Judicial review of LFRA 2024 to proceed (R (on the application of John Lyons Charity) v Secretary of State for Housing, Communities and Local Government) In R (on the application of John Lyons Charity) v Secretary of State for Housing, Communities and Local Government [2025] EWHC 543 (Admin), the High Court permitted a judicial review application to proceed concerning particular parts of the Leasehold and Freehold Reform Act 2024 (LFRA 2024) that set the approach to valuing property for enfranchisement claims. The court considered it reasonably arguable that the impugned statutory provisions themselves...

What is a CVA? A company voluntary arrangement (CVA) is a form of insolvency that permits a company to enter a binding agreement with its creditors to compromise unsecured debts or otherwise agree how its affairs are handled. The directors continue to run the business, under the oversight of an insolvency practitioner. Retailers, particularly those with extensive property portfolios, frequently adopt so‑called ‘landlord CVAs’ to reset rental commitments and shut loss‑making stores. This note outlines how property law and landlord and tenant considerations may emerge under such a CVA. It highlights provisions commonly included in CVAs and explains how they tend to work in practice. Nevertheless, each CVA will vary according to the precise terms proposed. It is therefore vital to examine the CVA proposal carefully to assess its effect on creditors. This note does not provide detailed guidance on the mechanics of approving and implementing a CVA. For Practice Notes addressing the CVA procedure, see: Company voluntary arrangements—an introductory guide The CVA proposal and...

This Practice Note highlights the principal points to weigh up when acting for an outgoing tenant and advising on the assignment of a rack rent (occupational) commercial lease. See also Practice Note: Transferring commercial property—a practical guide, together with the Assignment of a rack rent lease (assignor)—checklist. Is the landlord’s consent required to the assignment? Carry out the following checks in sequence, in particular: Carefully scrutinise the lease terms, together with any deeds of variation and, where necessary, any other supplemental documents. If the lease is registered and contains HM Land Registry prescribed clauses, the register will confirm whether or not the lease includes provisions that restrict or prohibit dispositions, as shown by clause LR8 of the lease. Consider whether a restriction has been entered on the title expressly barring assignment without the landlord’s consent. Where relevant, review any superior lease carefully to establish if assignment is constrained—for example, a prohibition on assigning an underlease without consent...

Court of Appeal—professional negligence ARCHIVED : This Practice Note has been archived and is not maintained. The Court of Appeal upheld an appeal in a claim against solicitors, holding that the loss of a chance head of damage was too remote. At first instance, the judge concluded that Lewis Silkin LLP had fallen below the required standard by not advising their client to include a jurisdiction provision in his employment agreement with a franchisee involved in the Indian Premier League’s Twenty20 competition. Because no jurisdiction clause appeared in the contract, when the client later issued proceedings against the franchisee over a severance entitlement, he faced jurisdictional challenges (ultimately dismissed) brought by the franchisee, which postponed his obtaining judgment for £10 million in severance. The client’s case was that, with proper advice on jurisdiction, the contract would have contained an exclusive jurisdiction clause. On that footing, he said, he would have secured judgment for the severance sum sooner (as there would have been no hold‑ups arising from jurisdiction objections) and...

[ To be issued on the landlord’s headed paper ] Your Ref: Our Ref: Date: From: [ name of Landlord ] [ of OR a company incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (‘Landlord’, ‘we’, ‘us’) To: [ name of Tenant ] [ of OR a company incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (‘Tenant’, ‘you’, ‘your’) [ CC: [ name of Guarantor ] [ of OR a company incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] Dear Sirs, Re: Request for reduced rent payments under your lease dated [ date ] of [ description ] (Property) made between (1) [ name of original landlord ] [ , OR and ] (2) [ name of original tenant ][ and [ name of any original...

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] 1 Definitions In this Deed, the expressions below shall bear these meanings: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s...

Agreement to sell The Seller shall [dispose of and the Management Company shall acquire OR grant and the Management Company shall accept the Concurrent Lease of] the [Building OR Estate] [together with the Contents] for the Price, on the terms set out in this Agreement The Management Company is not entitled to insist that the Seller: [convey OR let] the [Building OR Estate], or any part of it, to anyone other than the Management Company; [convey OR let] the [Building OR Estate] in multiple lots or by more than one [transfer OR lease]; allocate or apportion the Price between separate elements of the [Building OR Estate]...