Variation of the term of a lease - term extended

Where the term of a lease is extended by a deed of variation, Land Registry will treat the variation as a surrender and re-grant of a new lease.

• If the lease is registered, an application in form AP1 to close the existing leasehold title must be lodged. The original deed and a copy should be lodged. If only the original deed is lodged, it will be retained.
• If the deed creates a new lease that must now be registered, (see when to register) an application must be made in form FR1 or AP1 to register the new lease.
• If the landlord's title is registered, notice of the surrendered lease will be cancelled on the landlord's title by Land Registry without a separate application and notice of the new lease entered in its place.
• If the lease is only noted against the landlord's registered title, and not registered in its own right, only a form CN1 is needed to cancel notice of the old lease. Again the new lease may need to be registered. (see when to register ). See also determination of a lease.

Please note that a surrender and re-grant can only occur where any charges that affect the existing leasehold title are either discharged or transferred to the new lease by way of a deed of substituted security. All other incumbrances will have to be withdrawn or released.

If a discharge or deed cannot be supplied, or an incumbrance cannot be withdrawn or released, the existing leasehold title cannot be closed. In this case the new lease will be registered subject to the existing lease.

The next page looks at variations that shorten the term of a lease.