Deed of Variation or Rectification

If you are a managing agent who has been approached by a tenant who wishes to enter into a Deed of Variation or Deed of Rectification in relation to their flat, we can act for either the tenant or the landlord in relation to considering the variation or rectification and granting a formal Deed to the tenant. We can work alongside you to ensure that the transaction proceeds as smoothly and quickly as possible.

Typically Deeds of Variation or Rectification may include:-

  • Changes to the tenants’ service charge proportion, for example, if there has been changes to the building since the lease was granted i.e. additional flats added to the building.
  • Changes to the extent of the demise, for example, to allow the tenant to use additional land not originally demised, for example a loft space, storage cupboard or additional garden land to build an extension.
  • To add provisions to the lease upon sale of the property which correct any defects noted in the lease terms.

If the Deed of Variation or Rectification incorporates any changes to the demise, we will advise whether the section 5 right of first refusal procedure first needs to be followed and provide any subsequent advice required.

Please see our section 5 right of first refusal page for further information about the procedure.

If the tenant requests a Deed of Variation and/or Deed of Rectification the tenant will usually be required to pay the landlord’s legal costs in connection with the Deed.  If we are acting for the landlord, we will always obtain an undertaking for our legal costs for acting for the landlord from the tenant’s solicitors before commencing any work. We are usually able to offer fixed fees for acting in respect of a Deed of Variation and/or Deed of Rectification and will provide details of our fees at the outset before commencing any work.

If you would like us to assist with a Deed of Variation and/or Rectification, please do feel free to contact us for a free no obligation discussion. Please contact Jade Wilson (jade@leaselaw.co.uk or 0204 511 9100) or Joanna Botley (joanna@leaselaw.co.uk or 0204 511 9101).