If a landlord consents to the withdrawal of a tenant’s break notice, does the original lease remain alive, or is there an effective termination and re-grant? If a tenant is concerned about the SDLT implications of a re-grant, the Revenue states as follows: “In circumstances where a break notice or notice to quit is withdrawn, by agreement between the parties, before it takes effect the lease will be treated as continuing for SDLT purposes, notwithstanding any rule of law to the effect that a break notice or notice to quit may not be withdrawn and that any purported withdrawal creates a new lease.” See SDLTM17030 – Miscellaneous Provisions: Withdrawal of a notice to quit or break notice.
For further consideration of this issue, click on Break Clauses.