SDLTM17080 - Miscellaneous
Provisions: Surrender and regrant of a lease
Surrender and re-grant may occur expressly, where the
landlord grants a new lease to the tenant in place of the old one.
However surrender and re-grant may also occur by operation of law.
This is because the law deems some acts to be inconsistent with the
continuation of the old lease and so deems there to be a new lease.
There will be a surrender and re-grant by operation of law
where:
- the term of the lease is extended (see
SDLTM14090) (but not where a
reversionary lease is granted to commence on expiry of the old
lease: see
SDLTM17070);
- the area of the demised property is extended (but not where
there is a new lease of separate property).
On the other hand there will not be a surrender and re-grant
where:
- there is a variation of the rent (upwards or downwards- refer
to
SDLTM15010 and
SDLTM15020)
- there is a reduction in the area of the demised property,
whether this is effected by a surrender of part or by a Deed of
Variation
- another person is added as a tenant under an existing
lease.
