Drafting a Deed of Variation of Lease (UK)

Note: Want to skip the guide and go straight to the free templates? No problem - scroll to the bottom.
Also note: This is not legal advice.

Introduction

A deed of variation lease is an important document that can bring a great deal of flexibility to the landlord and tenant relationship. It allows both parties to modify the terms of their lease in a way that best serves their needs and interests, and it can help to reduce the costs associated with starting a new lease or amending the original one.

The Genie AI team understands why this document matters - allowing for adaptability in the agreement based on changing circumstances, such as if a tenant wishes to make improvements to their premises or terminate early without incurring financial penalties. Furthermore, should any future disputes arise between landlord and tenant, this document can be used as proof of existing terms and help resolve them.

What’s more, there is also potential for introducing new terms into the lease; if a landlord wants to add a clause surrounding repairs by the tenant then they could do so with mutual concessions from both sides. This demonstrates why deeds of variation leases are so valuable when done right - they provide additional protection for both parties while avoiding costly litigation or lengthy issues over interpretation of contracts.

That’s why we want to make sure everyone has access to up-to-date information on drafting these documents correctly - no legal qualification required! Our free step-by-step guide provides all you need to know about creating effective deeds of variation leases, along with access our expansive community template library which contains millions of datapoints that teach our AI what constitutes an industry standard version. So don’t let legal issues around your tenancy agreement cause you stress - read on below for our guidance today!

Definitions (feel free to skip)

Deed of Variation: A deed of variation is a legal document that is used to modify the terms of an existing agreement or contract. It is used to make changes to an existing agreement without having to completely rewrite it.

Lease: A lease is a legally binding contract between a landlord and tenant, in which the tenant is given the right to occupy or use a property owned by the landlord.

Variation: A variation is a change or modification to an existing agreement or contract.

Legal: Legal refers to law, or the system of rules and regulations that are enforced by a court.

Jargon: Jargon is a type of language that is used by a certain group of people and is not easily understood by other people.

Contents

• Define the Purpose of the Variation
• Identify the Parties Involved
• Outline the Existing Lease Agreement
• Gather all existing paperwork
• Identify all parties to the existing agreement
• Review the existing agreement in its entirety
• Specify the Terms of the Variation
• Outline the proposed changes
• Identify all parties to the variation
• Review the new terms and conditions
• Describe the Updated Lease Agreement
• Draft the new agreement
• Revise the new agreement as needed
• Sign and Notarize the Variation
• Obtain signatures from all involved parties
• Have the variation notarized
• File the Variation
• Submit a copy of the variation to all involved parties
• File the variation with the local jurisdiction
• Update Records
• Update any internal records
• Notify any involved third parties
• Seek Professional Advice (if needed)
• Consult a lawyer to review the agreement
• Seek advice from a qualified accountant
• Monitor the Variation
• Monitor any changes to the agreement
• Stay up to date on any applicable laws and regulations

Get started

Define the Purpose of the Variation

• Consider the reasons why the lease needs to be varied
• Examine the existing lease in detail to ensure that the proposed variation is compliant with the lease
• Draft a clear and concise description of the purpose of the deed of variation
• Check that the proposed variation is legally sound and complies with all relevant laws
• Once you have considered the purpose of the variation, you can move on to identifying the parties involved in the deed.

Identify the Parties Involved

• Make sure you know the parties to the lease, which are the landlord and the tenant
• Ensure all the relevant parties to the lease are identified, including any guarantors or sub-tenants
• Obtain the full names and addresses of the parties and make sure all the details are correct
• Once you have identified all the parties involved, you can move onto the next step of outlining the existing lease agreement.

Outline the Existing Lease Agreement

• Obtain a copy of the existing Lease Agreement from the Landlord or Tenant.
• Carefully review the Lease Agreement to ensure that you understand the current terms and conditions.
• Make notes of any important points, such as the start date, any renewals or break clauses, rent due dates, and other relevant provisions.
• When you have finished your review, you will have a good understanding of the existing Lease Agreement and will be ready to move onto the next step.

Gather all existing paperwork

• Check for the original lease agreement, any subsequent deeds/letters of variation, and any other associated paperwork such as licenses or notices
• Check if there are any additional documents that may be required under the existing lease agreement, such as rent review notices or break notices
• Ensure that all relevant documents are present and up to date, and that any changes to the existing lease agreement are correctly reflected in the paperwork
• Make copies of all the existing paperwork
• Once all the relevant paperwork has been gathered and checked, you can move on to the next step in drafting a Deed of Variation of Lease.

Identify all parties to the existing agreement

• Check the existing lease agreement to identify all parties to the agreement, including any tenants, landlords, and guarantors
• Make a note of all parties’ names and contact details
• Once all parties have been identified, check this step off your list and move on to the next step of reviewing the existing agreement in its entirety.

Review the existing agreement in its entirety

• Obtain a copy of the original lease agreement
• Read through the agreement in its entirety, paying close attention to the clauses and covenants
• Make note of any provisions that need to be amended, modified, or deleted
• When you are confident that you have reviewed the agreement in its entirety, you can check this step off your list and move on to the next step.

Specify the Terms of the Variation

• Consider the implications of varying the lease
• Talk to the tenants and landlord about the proposed changes
• Draft a written agreement to be signed by both parties, outlining the changes to the lease
• Check that all parties fully understand the implications of the variation
• When all parties have signed the agreement, this step is complete

Outline the proposed changes

• List out the exact changes to the lease that are proposed
• Be sure to include the full details of each clause that is to be altered
• For every clause, ensure that the new wording is included
• Once all the proposed changes have been outlined and written into the deed, check that the lease has been amended in its entirety
• Once you are satisfied that all changes have been outlined accurately, you can move on to the next step.

Identify all parties to the variation

• Check the lease agreement and identify all parties to the variation
• Ensure each party is correctly named according to the lease agreement
• Make sure you have correct contact information for each party
• Confirm that all parties are aware of and agree to the proposed changes
• When all parties have been identified and contacted, you can move on to the next step.

Review the new terms and conditions

• Carefully read and review all the new terms and conditions of the variation of lease
• Ensure all parties have agreed to the new terms and conditions
• Check that all changes are in line with the existing lease agreement
• Make a note of any additional items that need to be included in the deed
• Make sure all parties understand the new terms and conditions
• Once you have reviewed the new terms and conditions, you can proceed to the next step.

Describe the Updated Lease Agreement

• Clearly list out the new terms and conditions of the lease agreement
• Double-check that the new terms and conditions are in line with the changes that were discussed
• Make sure to note all changes that were made, such as the new start and end dates and any new fees or other changes
• Compare the old version of the lease with the updated version to make sure everything is up to date
• When you’ve finished, you’ll have a comprehensive description of the updated lease agreement that can be used for drafting the new agreement.

Draft the new agreement

• Draft the new agreement based on the updated lease agreement described in the previous step.
• Ensure that all the necessary details are included as per the updated lease agreement.
• Make sure that all parties involved are in agreement with the terms of the new agreement.
• Check that the new agreement is in line with the laws governing leases in the UK.
• Make sure that the new agreement is properly signed and witnessed by all parties involved.
• Once the new agreement is drafted, it can be checked off the list and be ready to be revised as needed in the next step.

Revise the new agreement as needed

• Read through the new agreement and make the necessary changes
• Refer to the original lease agreement for reference when revising
• Make sure to include any additional conditions agreed upon between the parties
• Once all changes have been made, you can move on to the next step of signing and notarizing the variation

Sign and Notarize the Variation

• Make sure to print out the revised copy of the lease agreement
• Have all relevant parties sign the agreement in the presence of a notary
• The notary will then witness and certify the signatures of all involved
• The notary will also stamp and seal the agreement

Once all of the above steps have been completed, you can check this off your list and move on to the next step in the guide.

Obtain signatures from all involved parties

• Contact all parties involved in the lease, including the original tenant, the new tenant, and the landlord
• Have each party review the deed of variation of lease and sign it
• Ensure that all involved parties have signed the deed of variation of lease
• When all parties have signed the deed of variation of lease, you can check this off your list and move on to the next step of having the variation notarized.

Have the variation notarized

• Contact a local notary public and arrange a meeting to have the deed of variation notarized.
• Present the notary with the deed of variation, along with any other supporting documents, and sign the deed in the presence of the notary.
• Pay the notary for his or her services.
• Have the notary stamp and sign the deed of variation as a witness to your signature.
• Once the notary has notarized the deed, you’ll have completed this step and can now proceed to filing the variation.

File the Variation

• Use the original deed of lease to create a deed of variation.
• Ensure all parties have signed the deed of variation.
• File the deed of variation with the Land Registry.
• Once the deed of variation has been accepted by the Land Registry, you will receive a Certificate of Registration.
• Once you have received the Certificate of Registration, you can check this off your list and move on to the next step.

Submit a copy of the variation to all involved parties

• Obtain copies of the executed deed of variation from the landlord, tenant and any other involved parties.
• Request the landlord to submit a copy of the deed of variation to the local jurisdiction (the Land Registry).
• Send copies of the variation to the tenant, landlord and any other relevant parties.
• Keep a copy of the deed of variation for your records.
• You have completed this step when you have sent the copies of the deed of variation to all the necessary parties.

File the variation with the local jurisdiction

• Obtain a copy of the form for submitting the variation and complete it.
• Attach the completed form and a copy of the original lease to the application.
• Provide copies of the signed deed of variation to the local jurisdiction.
• Pay the applicable fees to the local jurisdiction.
• You will know when the filing is complete when you receive a confirmation from the local jurisdiction.

Update Records

• Update the Lease Register to reflect the changes in the Deed of Variation
• Ensure that the records of the Land Registry are updated to reflect the changes in the Deed of Variation
• Notify any third-parties that need to be aware of the changes in the Deed of Variation
• Once all of the records have been updated, you can move on to filing the variation with the local jurisdiction.

Update any internal records

• Update the lease register with the new lease details
• Ensure any changes to the lease are recorded in the property management system
• Record the new lease details in the tenant’s file
• Once all internal records are updated, you can move on to notifying any involved third parties of the new lease details.

Notify any involved third parties

• Contact any third parties involved in the deed of variation of lease and explain the proposed changes
• If a tenant, notify the landlord and other tenants of your intention to change the lease
• If a landlord, notify all the tenants and other landlords of your intention to change the lease
• Ensure that any third parties involved in the deed of variation of lease are aware of the changes and are happy to proceed
• When all third parties involved have agreed to the changes, you can check this off your list and move on to the next step.

Seek Professional Advice (if needed)

• Research and decide if professional advice is needed for this deed of variation.
• Get advice from a legal professional if you feel it is necessary.
• Consider if the advice is necessary for the particular deed of variation and whether it is worth the cost.
• Check if a lawyer or legal professional is already involved in the process.
• Receive the advice and consider it when making decisions about the deed of variation.

When you can check this off your list and move on to the next step:

• After you’ve decided if professional advice is needed, and have received and considered the advice if applicable.

Consult a lawyer to review the agreement

• Identify and contact a suitable lawyer who has experience in drafting a Deed of Variation of Lease
• Explain the circumstances surrounding the lease and the agreement you are trying to reach
• Ask the lawyer to provide legal advice on the lease and any potential risks or issues
• Request a quote for the lawyer’s services to review the agreement
• Upon agreeing to the quote, provide the lawyer with all the relevant documentation including the existing lease and the proposed deed of variation
• Allow the lawyer sufficient time to review the documents and provide advice
• When the lawyer has completed their review, you will receive a written report outlining their advice and any potential changes or amendments that should be made to the agreement

You will know that you can move on to the next step when the lawyer has provided you with their advice and you have made any necessary changes to the agreement.

Seek advice from a qualified accountant

• Research and decide on an experienced qualified accountant to provide advice on the deed of variation
• Ask the accountant to review the deed of variation and provide a professional opinion
• Collaborate with the accountant to make any amendments to the deed of variation
• Obtain a written report from the accountant outlining any potential liabilities that could arise from the deed of variation
• When you have received the written report from the accountant, you can check this step off your list and move on to the next step - monitoring the variation.

Monitor the Variation

• Check whether the deed of variation has been signed by all parties
• Check whether a copy of the deed of variation has been delivered to all parties
• Check whether the deed of variation has been registered with the Land Registry (if applicable)
• Check whether the deed of variation has been stamped by HMRC (if applicable)
• Confirm that all parties have agreed to the changes and that the deed of variation is now in effect
• When all of the above is confirmed, you can move on to the next step and monitor any changes to the agreement.

Monitor any changes to the agreement

• Keep an eye out for any changes to the agreement, including any changes to the terms or conditions, that may affect the deed of variation
• Track any changes that have already been made and ensure that they are included in the deed of variation
• Make sure any changes are in compliance with applicable laws and regulations
• When all changes have been incorporated into the deed of variation, you can move on to the next step.

Stay up to date on any applicable laws and regulations

• Research applicable laws and regulations for drafting a deed of variation of lease in the UK.
• Check for any updates or changes to the applicable laws and regulations for the deed of variation of lease.
• Identify any potential legal implications of changes in the applicable laws and regulations.
• Develop a strategy to ensure that the deed of variation of lease is compliant with the applicable laws and regulations.
• Review the deed of variation of lease and make necessary changes to ensure compliance with the applicable laws and regulations.
• Check off this step once you are sure that the deed of variation of lease is compliant with the applicable laws and regulations.

FAQ:

Q: Is a Deed of Variation of Lease specific to UK law?

Asked by Abraham on 24th April 2022.
A: A Deed of Variation of Lease is a legal document which is often used in the United Kingdom, however it can also be used in other jurisdictions such as the United States and the European Union. The exact form and content of a Deed of Variation of Lease can differ depending on the jurisdiction, so it is important to ensure that you understand the relevant legal requirements before drafting a document.

Q: How long does a Deed of Variation of Lease last?

Asked by Isabelle on 1st June 2022.
A: The length of time that a Deed of Variation of Lease remains valid can depend on the terms that are defined within the document itself. Generally speaking, the length of time that a Deed of Variation of Lease lasts can range from a few months to several years, depending on the situation and the agreement between parties.

Q: Do I need a professional solicitor to draft a Deed of Variation of Lease?

Asked by Austin on 5th August 2022.
A: While it is possible for an individual to draft their own Deed of Variation of Lease, it is advisable to seek professional legal advice from an experienced solicitor in order to ensure that all relevant legal requirements are met. This will help to avoid any potential issues that may arise from an incorrectly drafted document.

Q: What are the benefits of drafting a Deed of Variation of Lease?

Asked by William on 10th October 2022.
A: Drafting a Deed of Variation of Lease can be beneficial for both landlords and tenants as it enables them to make changes to an existing lease agreement without having to create a new contract or negotiate new terms. This means that they can quickly and easily modify their lease agreement in order to meet their specific needs, without having to go through lengthy negotiations or complex legal processes.

Q: What should be included in a Deed of Variation of Lease?

Asked by Sophia on 12th December 2022.
A: A Deed of Variation of Lease should include details such as the names and addresses of all parties involved; the date when the deed was signed; details about any changes being made to the existing lease agreement; and any other relevant information such as additional clauses or provisions. It is important to ensure that all relevant information is included so as to ensure that both parties understand their rights and obligations under the deed.

Q: Is there any specific language that must be used when drafting a Deed of Variation of Lease?

Asked by Noah on 15th February 2022.
A: While there is no specific language that must be used when drafting a Deed of Variation of Lease, it is important to ensure that all terms are clear and concise so as to avoid any confusion or misunderstanding between parties. It is also advisable to use language which is consistent with other documents such as existing lease agreements in order to ensure consistency across all documents related to the tenancy agreement.

Q: Can I use an online template for drafting a Deed of Variation of Lease?

Asked by Emma on 18th April 2022.
A: While it is possible to use an online template for drafting a Deed of Variation of Lease, it is important to remember that each situation will be unique and an online template may not include all necessary provisions or clauses which are needed for your specific situation. Therefore, it is advisable to seek professional legal advice from an experienced solicitor in order to ensure that all relevant legal requirements are met.

Q: What happens if I breach my obligations under a Deed of Variation of Lease?

Asked by Logan on 21st June 2022.
A: If you breach your obligations under a Deed of Variation of Lease, then you may face penalties or sanctions depending on the nature and severity of your breach. It is important to carefully read your deed in order to ensure you comply with all obligations and seek professional legal advice if you are unsure about anything contained within the document.

Q: Can I make changes to my existing lease agreement without having to draft a new document?

Asked by Ava on 25th August 2022.
A: Yes, it is possible for landlords and tenants alike to make changes or amendments to their existing lease agreement without having to create a new contract or negotiate new terms. This can be achieved through drafting (or having drafted) a Deed Of Variation Of Lease which outlines any amendments or changes being made and can then be signed off by both parties in order to make those changes legally valid and binding upon them both.

Q: How do I know if I need a Deed Of Variation Of Lease?

Asked by Elijah on 28th October 2022.
A: Generally speaking, if you wish to make changes or amendments to an existing lease agreement then you may need to draft (or have drafted) a Deed Of Variation Of Lease in order for those changes become legally valid and binding upon both parties involved in the lease agreement. It is important however, before making any changes or amendments, that you seek professional legal advice from an experienced solicitor in order for them assess your specific situation and advise accordingly as each situation will be unique.

Q: Is there anything else I should consider before drafting a Deed Of Variation Of Lease? Asked by Mason on 31st December 2022.

A: Before drafting (or having drafted) your Deed Of Variation Of Lease there are certain things you should consider such as whether any additional clauses or provisions should be included within your document; whether any other documents need amending or updating; whether there are any third-party interests which need taking into account; and whether there are any tax implications which may arise from making the changes being proposed within your deed etc… In addition, it is also important that you take into consideration any applicable laws or regulations in your jurisdiction when drafting (or having drafted) your deed in order for them become legally valid and binding upon all parties involved in the lease agreement.

Example dispute

Lawsuits Involving Deed of Variation Lease

• The plaintiff must demonstrate that the deed of variation lease was not in their best interest, or that they were not adequately informed of the implications of such a lease.
• The plaintiff must also demonstrate that they were harmed in some way due to this deed of variation lease.
• The plaintiff can establish a case for breach of contract if the deed of variation lease was not crafted or executed properly, or if its terms were not accurately conveyed.
• The plaintiff can also base a case on negligence if they can show that the deed of variation lease was not properly monitored or maintained.
• Damages may be sought for any losses incurred due to the deed of variation lease, or for any additional or unforeseen costs associated with it.
• The plaintiff may also be able to seek punitive damages if the deed of variation lease was found to have been taken advantage of them in a malicious or intentional manner.
• Settlement may be reached through negotiation, mediation, or arbitration.

Templates available (free to use)

Deed Of Variation Lease

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