It sometimes happens that the plan that is attached to a completed lease is incorrect because it does not show the correct extent of the property. Alternatively, as occurred in a recent case, works may have been carried out to the property that extend the space occupied by the tenant. In each example the plan attached to the original lease is incorrect and the defect must be addressed.
In an ideal world this should be as simple as replacing the incorrect plan with a plan that shows the correct extent of the leased property. However where the correct plan shows that additional property is being added this may result in the inadvertent surrender of the existing lease and the grant of a new lease. This may cause significant problems in relation to security of tenure, tax and land registration.
If this issue arises, there are ways of ensuring that the lease reflects the correct extent of the property without the risk of surrender and re-grant.