Deed of Variations in Commercial Property Leases

Navigating changes to a commercial lease can be complex, but a Deed of Variation offers a practical and legally binding way to update lease terms without drafting an entirely new agreement.

Whether you are a landlord or a tenant, our experienced commercial property solicitors can guide you through the process, ensuring that any amendments align with your business needs while protecting your legal interests.

With a strong track record of assisting businesses since 2005, we understand the importance of clear, well-drafted agreements.

Our solicitors specialise in tailoring Deeds of Variation to suit each client’s unique circumstances, allowing you to focus on the smooth running of your business while we handle the legal details.

What is a Deed of Variation for Commercial Leases?

A Deed of Variation is a formal legal document that allows landlords and tenants to modify specific terms of a commercial lease without creating an entirely new contract. This could involve changes such as extending the lease term, adjusting rent, or amending the permitted use of the property.

It is important to note that a Deed of Variation does not replace the original lease but works alongside it, ensuring that any agreed amendments are legally enforceable. This makes it a highly effective way to adapt to changing business circumstances while preserving the integrity of the existing lease agreement.

Our specialist commercial property solicitors have extensive experience in drafting Deeds of Variation that reflect both current market conditions and the future objectives of your business.

What are the different types of Deed of Variation?

A Deed of Variation can take many forms, each of which have a different purpose. Our solicitors can best advise you on the agreement most suited to your needs.

Deed of Assignment

Allows a tenant to transfer the lease to another party without affecting its terms. This is used in situations where a tenant is vacating the property, and another tenant is taking over.

Deed of Surrender

Enables the lease agreement to be ended early. This could be used when the tenant no longer needs the property or wishes to terminate the lease.

Change of terms

The most common type of Deed of Variation, used to modify specific lease provisions such as rent payments, maintenance obligations, or permitted use of the premises.

Each type of agreement serves a different purpose, but all must be carefully drafted to ensure they are legally valid and enforceable. Our solicitors can help you determine the best course of action and ensure that any modifications are in line with your business objectives.

Why would I need a Deed of Variation?

A Deed of Variation is a valuable tool for updating lease terms to reflect changes in circumstances, whether due to business growth, financial considerations, or practical adjustments. Some common reasons for requiring a Deed of Variation include:

The current lease needs to be extended

• Both the landlord and tenant have decided to add a new clause to the lease
• Altering the amount of ground rent
• Changes to parties responsible for insuring the property or maintenance/repairs
• Updating the premise identity to Land Registry standards
• The lease does not include rights needed for the business, such as placing equipment outside of the building

Once executed, a Deed of Variation permanently alters the lease terms and is legally binding on future landlords and tenants. Ensuring the document is drafted accurately is essential to avoid unintended consequences, such as an accidental surrender of the lease.

The Deed of Variation process

Both the tenant and landlord must agree to changes in the lease for it to be implemented. One of our thorough solicitors can ensure that this adheres to the law. The process itself involves:

• The landlord and tenant agree to the changes
• Our solicitors draft the Deed of Variation
• Both parties sign the document
• If needed, the deed will then be registered with the Land Registry

It is vital that the changes to the lease are drafted accurately. This is to ensure that they are as you intend them to be. Without this, it may result in the lease being mistakenly surrendered.

Our Deed of Variation solicitors can guide you through the legalities, offering pragmatic advice to the needs of your business.

What are the advantages of a Deed of Variation?

A Deed of Variation provides several advantages for both landlords and tenants:

• Flexibility – Allows for lease modifications without the need for a completely new agreement.
• Cost-Effective – Avoids the expenses and complexities of full lease renegotiations.
• Clarity and Certainty – Ensures all parties have a clear understanding of their updated rights and obligations.

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If you have any questions or require any further information, please don’t hesitate to Contact Us.

Our specialised team of Deed of Variation solicitors have a track record of delivering accurate and thorough deeds that reflect your needs. We offer a quick service, allowing your lease terms to become legally binding.

From our offices in Heald Green, Cheadle, Bramhall and Hazel Grove, we regularly assist clients around Greater Manchester, including Alderley Edge, Wilmslow and Poynton.

Our Commercial Property Solicitors specialise in every aspect of business property, so whatever your circumstances, contact us today for professional legal advice.