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PP 2002/46

Q  Our landlord has agreed in principle to extend the term of our business lease, which will henceforth include a small outbuilding previously let to someone else. Will it do either of us any harm if we simply initial a couple of amendments to the existing lease documents ?
A  Quite possibly. Your transaction may well operate as a surrender and regrant with a number of unintended consequences. As explained by Peter JG Williams, of Eversheds, in Accidents will happen Estates Gazette 17 March 2001, p168, the areas where things could go wrong include stamp duty, land registration, guarantees and the application of the Landlord and Tenant Act 1954.
Also to be borne in mind is the possibility of a surrender and regrant arising out of your conduct: see Peter’s earlier article, Regrant revisited Estates Gazette 10 March 2001, p152 and PP 2002/53

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