Miscellaneous Provisions: Surrender and regrant of a lease
Surrender and re-grant may occur expressly, where the landlord grants a new lease to thetenant in place of the old one. However surrender and re-grant may also occur by operationof law. This is because the law deems some acts to be inconsistent with the continuationof the old lease and so deems there to be a new lease.
There will be a surrender and re-grant by operation of law where:
- the term of the lease is extended (see SDLTM14090) (but not where a reversionary lease is granted to commence on expiry of the old lease: see SDLTM17070);
- the area of the demised property is extended (but not where there is a new lease of separate property).
On the other hand there will not be a surrender and re-grant where: