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Posted Mon, 19 Aug 2024 11:14:56 GMT by Laura Maltby
I have a situation where 3 leases require amending to reflect the fact that their parking spaces have changed since the leases were created - the spaces have basically had to be rotated 90 degrees due to planning constraints. The parking space and the flat are all on one lease.

My preferred way of achieving this is by way of a Deed of Surrender of Part and Deed of Variation (surrendering the parking space only and amending the existing lease so that references to "Property" means to the flat only) and then a Lease of Additional Property by reference to an Existing Lease which is the lease of the parking space in its new location.

However the concern is that the Land Registry may treat the documents as surrendering the entire lease of the flat and that we should instead enter into a surrender and re-grant of whole?

Any guidance would be much appreciated indeed. 
Posted Mon, 19 Aug 2024 11:40:24 GMT by Adam Hookway
Laura - it's really up to you and you do refer to 'preferred way'.
All I would comment on is that IF you are varying the original demise then it's going to act as a surrender and regrant of the whole lease anyway. And as such the preferred HMLR way would be a surrender & regrant of the whole in each case
Your 'preferred way' reads as being more complex than it perhaps needs to be

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