Variation of the general provisions of a lease; ie. covenants Deeds of variation sometimes alter the covenants in the lease. For example: "Clause 3 of schedule to the lease shall be amended to read as follows "The first floor accommodation of the demised premises shall be used for the purpose only of any use falling within Class A1 of the Town and Country Planning Order." Land Registry will treat this or a similar change as a variation of the lease. - An application should be made in form AP1 to note the variation. The original deed and a copy should be lodged. If only the original deed is lodged, it will be retained.
If the landlord's title is registered, an entry of the variation will be made on that title by Land Registry without a separate application.
Please remember that if the deed of variation introduces into the lease an interest that burdens one of the estates, such as an option, the interest will need to be protected as an agreed or unilateral notice using a form AN1 or UN1.
This is the end of the chapter on the variation of a lease. |