At Grant Saw Solicitors, we offer expert legal advice on deeds of variation for leases for clients in London, the South East and throughout England. Whether you are a landlord or a leaseholder, we guide you through the process of amending lease terms ensuring the changes are legally binding, clear and enforceable.
What is a deed of variation for a lease?
A deed of variation is a formal legal document used to amend the terms of an existing lease without completely replacing it. Whether initiated by the landlord or the tenant, the agreement of both parties is needed to make any amendments.
This process differs from surrendering and regranting a lease (a lease extension), which terminates the existing lease and creates a new one.
Instead, with a deed of variation the existing lease continues, with the modification of specific clauses.
When is a deed of variation required?
A deed of variation may be needed in the following situations:
- Ground rent adjustment.
- Modification of repairing or maintenance obligations.
- The variation of service charge percentages.
- Adding or removing rights or restrictions
- Rectifying errors in the existing lease
Even minor changes to a lease should be formalised through a deed of variation to avoid future disputes or confusion.
Common legal considerations when using a deed of variation
Before preparing or approving a deed of variation, there are several key legal points to consider:
- Whether the proposed variation is workable.
- Whether the wording reflects what has been agreed between the parties.
- Formality: the variation must be executed as a deed by both parties.
- Registration: the deed of variation must also be registered.
- Lender’s’ consent: if there is a mortgage on the property, approval from the lender may be required.
Professional advice is essential to ensure that the deed of variation complies with all legal requirements and that any registration obligations are handled properly.
Why you need expert legal advice on deeds of variation
A deed of variation involves legal complexities that require the expertise of a specialist solicitor. At Grant Saw Solicitors, our team can help with:
- Drafting and reviewing the deed of variation.
- Advising on the provisions of the deed of variation.
- Ensuring the changes meet all legal formalities.
- Handling registration at HM Land Registry.
Get in touch with our leasehold solicitors today
If you are dealing with a deed of variation of your lease, Grant Saw Solicitors can provide the professional legal advice and assistance you need. We ensure the process is smooth, efficient, and legally sound. For more information, please email us or contact us on 020 8858 6971.
