Short answer
167 of the 670 people who asked our website for a purchase quote said the home was leasehold, and 35 were not sure (website quote requests, 2 September to 29 October 2026). A deed of variation, signed by landlord and leaseholder, changes an existing lease. For some faults in a flat lease, a tribunal can order the change.
On this page
- Deed of variation at a glance
- Where the law on varying a lease stands today
- What can a deed of variation change in a lease?
- Which lease faults can be fixed, and by which route?
- What if the landlord will not sign a deed of variation?
- When does a deed of variation count as a new lease?
- Is there Stamp Duty on a deed of variation?
- Does a deed of variation need registering, and who has to agree?
- How is varying a lease different in Wales?
- What should you do if the lease you are buying or selling has a fault?
- What do we charge when a lease needs extra work?
- Our fees
- What happens next
Deed of variation at a glance
| Who can ask the tribunal | Any party to a long lease of a flat |
|---|---|
| Long lease | Granted for more than 21 years |
| Tribunal | First-tier Tribunal in England; a leasehold valuation tribunal in Wales |
| Adds years or land | Treated as giving up the old lease and granting a new one |
| Registered against | Both the landlord’s and the leaseholder’s titles |
| A house, not a flat | The tribunal can change only the insurance terms |
Where the law on varying a lease stands today
| What | Position | Checked |
|---|---|---|
| Tribunal can vary a flat lease | In force. Any party to a long lease of a flat can apply. In England the case goes to the First-tier Tribunal; in Wales to a leasehold valuation tribunal (Landlord and Tenant Act 1987, s.35). | 29 October 2026 |
| Changing the length or adding land | A deed that adds years or adds land counts in law as giving up the old lease and granting a new one (HM Land Registry practice guide 28). | 29 October 2026 |
| Registering a variation | Apply against both the landlord’s and the leaseholder’s titles, with any lender consent needed (HM Land Registry practice guide 25, section 6.4). | 29 October 2026 |
| Tax | A variation counts for tax only if it counts as a new lease, cuts the rent or the length, or the leaseholder pays for it. Wales has the same rules for Land Transaction Tax. | 29 October 2026 |
What can a deed of variation change in a lease?
A lease is a contract, so the landlord and the leaseholder can agree to change it. A deed of variation records that change. It names the lease, sets out the clauses that change and the new wording, and is signed as a deed by both sides. Anyone else whose rights it affects, such as a lender with a mortgage on either title, may need to consent.
Common reasons for one on a flat:
- the lease does not say who repairs or insures part of the building
- the service charge shares across the block do not add up to the full cost
- the ground rent clause is one a buyer’s lender will not accept
- the lease plan is wrong, or leaves out a parking space, garden or loft that goes with the flat
- an earlier change was agreed but never registered
A deed of variation cannot simply add years to a lease. That is a lease extension (see below).
Which lease faults can be fixed, and by which route?
Some faults can be fixed by a tribunal if the landlord will not agree. Others can only be fixed by agreement. The table shows which, and when the change counts as a new lease.
| Fault in a flat lease | Can a tribunal order the change if the landlord refuses? | Counts as a new lease? | Where the rule is |
|---|---|---|---|
| No proper clause for repairing or maintaining the flat, the building or land let with it | Yes | No | LTA 1987 s.35(2)(a) |
| No proper clause for insuring the building | Yes | No | s.35(2)(b) |
| No proper clause for repairing installations, or providing services, needed for a reasonable standard of living (safety and security count) | Yes | No | s.35(2)(c), (d), (3) |
| No way for one side to recover money spent for the other, including interest on late service charge | Yes | No | s.35(2)(e), (3A) |
| Service charge shares across the block add up to more, or less, than the full cost | Yes. If every lease needs the same change, a group application can be made | No | s.35(2)(f), (4); s.37 |
| A ground rent clause a lender will not accept | No. Not a ground the tribunal can use. Cutting the rent is treated as a purchase by the leaseholder for Stamp Duty Land Tax | No | s.35(2) has no rent ground; FA 2003 Sch 17A para 15A(1) |
| The lease plan leaves out land that goes with the flat (a parking space, garden or loft) | No. Not a ground the tribunal can use | Yes, if land is added | s.35(2); HMLR PG28 and PG28s1 |
| The lease is too short | Not by deed of variation. The statutory lease extension route applies if you qualify | Yes | HMLR PG28; LRHUDA 1993 s.56 |
| An earlier deed of variation was never registered | Not a tribunal matter. Apply to register it now | No (unless it added years or land) | HMLR PG25, 6.4 |
For a house, a tribunal can only change the insurance terms of a long lease (section 40).
What if the landlord will not sign a deed of variation?
For the faults the law lists (in the table above), any party to a long lease of a flat can ask the tribunal to vary it. A long lease here means one granted for more than 21 years. The route is not open where one lease covers three or more flats in the same building, or where the lease is a business tenancy.
The tribunal must not order a change that would substantially prejudice someone unless money can make up for it, or that would be unreasonable for another reason. When it does vary a lease, it can order any party to pay compensation for loss the change is likely to cause.
If the fault is in every lease in the block, such as service charge shares that do not add up, the landlord or leaseholders can apply to vary all the leases together. The leases must have the same landlord. With up to 8 leases, all of the parties, or all but one, must agree. With 9 or more, at least 75% must agree and no more than 10% may object. The landlord counts as one party.
When does a deed of variation count as a new lease?
HM Land Registry’s guidance is clear that the term of a lease cannot simply be extended by deed. If a deed adds years to the lease, or adds land to what the lease covers, the law treats the old lease as given up and a new one granted in its place. That happens whatever the parties meant.
This matters in three ways. The new lease is registered as a new title. Tax is worked out as for a new lease. And it is not the same as the statutory right to extend a flat lease by 90 years, where the new lease must be drawn as a lease and cannot be a deed of variation.
If the real problem is the years left, see our leasehold and lease extension work and the lease extension calculator.
Is there Stamp Duty on a deed of variation?
Often not, but it depends on what changes. For Stamp Duty Land Tax, a variation of a lease is only a land transaction if:
- it counts as a new lease (it adds years or land), or
- it cuts the rent or the length of the lease, or
- the leaseholder pays for a change to other terms.
So swapping a doubling ground rent for a fixed one cuts the rent and is treated as a purchase by the leaseholder, paid or not. Whether tax or a return is due depends on what is paid. In Wales, Land Transaction Tax has the same rules. This is not tax advice.
Does a deed of variation need registering, and who has to agree?
Yes, if the leaseholder’s title is registered. HM Land Registry’s guidance is to apply against both the landlord’s title and the leaseholder’s title. The application includes the deed of variation and the consent of any lender, or anyone with a restriction on either title, where consent is needed. Once HM Land Registry is satisfied the change has effect in law, it adds an entry about the deed to the leaseholder’s title.
If a lender’s consent was needed and is not sent, HM Land Registry adds a note to the register saying the lender did not join in or consent. A buyer’s lender will see that note.
If the lease itself is not registered but is noted on the landlord’s title, the variation can be noted there too.
HM Land Registry charges a fee to register it, set by its fee guidance. It is a government fee, separate from ours.
How is varying a lease different in Wales?
- The tribunal route above applies in Wales too, but the case goes to a leasehold valuation tribunal (part of the Residential Property Tribunal Wales), not the First-tier Tribunal.
- The tax is Land Transaction Tax, paid to the Welsh Revenue Authority, not Stamp Duty Land Tax. Its rules on varying a lease match the ones above.
- HM Land Registry covers England and Wales, so the registration steps are the same.
What should you do if the lease you are buying or selling has a fault?
Buying: we read the lease and tell you what it allows before you commit. If a fault needs a deed of variation, the landlord and the seller have to agree it, and the buyer’s lender may want it signed before it lends. Raise it before you exchange: after exchange the price is fixed by the contract.
Selling: the information your landlord or managing agent sends is part of the sale, so start early. See the leasehold management pack.
Share of freehold: whoever holds the freehold signs as landlord. That is often a company the flat owners run, or some of the owners in their own names. See share of freehold explained.
Not sure if your home is leasehold? 35 of the 670 people who asked us for a purchase quote were not sure either. Tell us when you get a quote.
Is this about a deed of variation of a will? No. This page is about leases. A deed of variation of a will changes who inherits, and we do not do wills or probate work.
Can I fix a fault with indemnity insurance instead? Sometimes a policy is offered instead of a deed. Whether a buyer’s lender accepts one is the lender’s decision. Insurance premiums are not part of our fee.
What do we charge when a lease needs extra work?
Leasehold and new-build homes are priced on a higher fee scale, and a leasehold home also has “Dealing with Leasehold” (£150 + VAT) and a new-build home “New Build Property” (£250 + VAT).
Your fee for a sale or purchase may be higher if:
- we need to deal with extra deeds, consents, restrictions, declarations, indemnity insurance or reports
Other extra work is charged as a fixed fee per item, and we agree it with you in writing first. Not included: indemnity insurance premiums, and charges from the freeholder, managing agent or lender. See what can change the cost.
We give you a written, itemised quote before you instruct us.
Our fees
| Buying a residential propertyStandard purchase of a freehold home under £2m, with one mortgage | £1,010 – £1,910 + VAT (£1,212 – £2,292 including VAT) |
|---|---|
| Selling a residential propertyStandard sale of a freehold home under £2m, with one registered mortgage to redeem | £635 – £1,035 + VAT (£762 – £1,242 including VAT) |
Typical ranges for a standard transaction, excluding VAT at 20% and disbursements. Every client receives a written, itemised quotation with an exact figure before instructing us. See all our fees and what they cover.
What happens next
Legally reviewed by Shah Ali, Senior Partner, on 30 October 2026.
Last updated 30 October 2026.
Sources
- Landlord and Tenant Act 1987, section 37, checked 29 October 2026
- Landlord and Tenant Act 1987, section 38, checked 29 October 2026
- Finance Act 2003, s.43(3)(d) and Schedule 17A para 15A, checked 29 October 2026
- Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017, s.6(2) and Schedule 6 para 24, checked 29 October 2026
- Residential Property Tribunal Wales, leasehold enfranchisement, checked 29 October 2026
- HM Land Registry, registration services fees, checked 29 October 2026
- Leasehold Reform, Housing and Urban Development Act 1993, section 56(1), checked 29 October 2026
- Landlord and Tenant Act 1987, section 35, checked 29 October 2026
- Landlord and Tenant Act 1987, section 59(3), checked 29 October 2026
- HM Land Registry, Practice guide 28: extension of leases (and supplement 1), checked 29 October 2026
- HM Land Registry, Practice guide 25: leases, when to register (section 6.4), checked 29 October 2026
- Landlord and Tenant Act 1987, section 40, checked 29 October 2026
Contains public sector information licensed under the Open Government Licence v3.0.
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