Variation of the rent (other than a rent review)

Most variations that affect the rent are usually a change in the formula used to calculate the rent, or a change in the time frame for rent reviews. A rent review in itself does not need to be registered.

Changes to the way the rent is calculated or when it is reviewed are treated by Land Registry as a variation of the provisions in the lease. However, the intention of the parties is always the deciding factor.

Form of application

Where the lease is registered, 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.

The inclusion in the deed of clauses such as "save as varied by this deed, the lease shall remain in full force and effect" will help to confirm the intention of the parties that the variation is intended to take effect as a variation rather than a surrender and re-grant.

The next page looks a variation of the provisions of a lease (such as covenants).