Q&As

If a lease, which is subject to a registered charge, is varied by way of Deed of Variation without the consent of the lender, will the lender be bound by the terms of the variation if it enforces its security?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on: 13 August 2019
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A Deed of variation is an agreement between the lessor and the lessee to alter the terms of the lease. There are myriad reasons why a deed of variation might need to be entered into, which might include altering covenants, changing rent or service charge provisions, or inserting a break clause into a lease. A purported deed of variation which extends either the term of the lease or the extent of the demise operates at law as a surrender and re-grant of the lease (see Practice Note: Lease Variations—surrender and re-grant issues).

A lease operates as a contract between landlord and tenant. As a result they are able to vary the terms of the agreement

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:
Deed of variation definition
What does Deed of variation mean?

A deed varying the terms of another document (eg a lease or sale contract)

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