Hello Rebecca - you and the landlord can vary the terms of a lease for example, to add, remove or amend covenants in a lease, vary the extent of land in the lease or vary the length of the term. Such variations should be made by deed. There is no prescribed form for a Deed of Variation.
Application to register the variation of a lease when the lessee’s title is registered should be made using form AP1. This should be accompanied by sufficient evidence to satisfy the registrar that the variation has effect at law, such as evidence of change of name of one of the parties if the name is not the same as that shown.
You must, therefore, lodge:
- the deed of variation by the landlord and tenant, and
- consent(s) of any registered charge or restrictioner on either title if required, or
- where the landlord’s title is unregistered – evidence of the landlord’s title
if the deed of variation acts to extend the term of the lease or include additional land, this will usually take effect a surrender of the existing lease by operation of law and the immediate grant of a new lease of the whole demised premises, including any additional land. Where this is the case, an application should be made to close the existing leasehold title and registration of the new lease (providing more than seven years of the original extended term remains outstanding).
Please see How to apply the Land Registration Act 2002 and Land Registration Rules 2003 and make applications to HM Land Registry for more information.
See also Practice guide 28: extension of leases.
I would recommend seeking guidance/assistance from a conveyancer and if your property is mortgaged you may find you have to as the lender insists
