General points

Deeds of variation may:

• vary the extent of the land in a lease
• vary the length of the term
• vary the rent (other than a rent review)
• vary the general provisions of a lease, eg. covenants.

The form of application and the evidence required varies according to the nature of the change.

• Where the lease is registered, the application must be accompanied by the instrument effecting the variation and evidence to show that the variation has effect at law (r78 LRR 2003).
• If the lease is noted but not registered, the deed of variation should be registered using a form AP1.

In both cases if a copy of the deed is not lodged, the original deed will be retained.

If the deed of variation introduces into the lease a new interest that burdens a registered estate, such as an option, a separate application should be made to note the interest using either a form AN1 or UN1 as appropriate. Where the new interest is a legal easement created on or after 13 October 2003 out of registered land, this must be registered (s27 LRA 2002), and any new equitable easements should be noted using a form AN1 or UN1 or protected by a Class D(iii) land charge as appropriate. See the chapter 'Easements in leases' for more details.

Some deeds of variation attract stamp duty land tax. This is explained on the next page.