Commentary on Sections Schedule 6 - Leases Increase of rent treated as grant of new lease: variation of lease in first 5 years
267.Paragraph 25 provides for situations where the lease is varied so as to increase the rents payable, and that variation occurs before the end of the fifth year of the lease. The variation is treated as the grant of a lease in consideration for the additional rents. However, this does not apply if the variation is under the original terms of the lease, or by virtue of specified statutory rules.