Q.1. What is the Variation of Lease Clause?
A.1. The Variation of Lease Clause states that “ No amendment, alteration, changes or addition to this Lease shall be effective until it is in writing and signed by the landlord and the tenant.
Q.2. Why is the variation of lease clause important?
A.2. The Lease governs the relationship between the landlord and the Tenant. It contains all of the terms and conditions of the relationship and documents in writing all of the rights responsibilities and obligations of the Parties. By law this is required to be in writing, therefore, it is only reasonable that any variations to such a relationship also be in writing. If any variation is made and is not put in writing it could be to the detriment of the Party who stands to benefit, as the variation may be unenforceable in law.
Q.3. What is required to prevent a breach of this clause?
A.3. To prevent a breach of this clause it is necessary that all variations, alterations, additions made to the lease are documented in writing and annexed to the lease as an addendum or contained in a memorandum of variation.
Q.4. What happens if this clause is breached?
A.4. If this clause is breached, one party may stand to lose the benefit of the variation made. For example, if a Tenant requests a change of the user clause and this is not documented in a consent document, in writing and forwarded to the Tenant, then it is arguable that the Landlord has not agreed to the change of user and the user clause contained in the Memorandum of Lease remains the effective and enforceable clause. The same applies to all the other clauses in the lease, whether for the benefit of the landlord or the Tenant. Where there is a breach of this clause which causes loss or some detriment to the Landlord, the Landlord would be entitled to forfeit the lease.