HOW TO EXTEND A LAND LEASE BEFORE ITS EXPIRATION /LEASE VARIATION IN UGANDA.

HOW TO EXTEND A LAND LEASE BEFORE ITS EXPIRATION /LEASE VARIATION IN UGANDA.

Extending a lease before its expiration in land transactions is called variation of lease.

Lease variation or extension is different from lease renewal

Lease extension or variation has to do with a running lease while lease renewal has to do with expired lease.ie if my lease is still running and I want to increase the period or change something in the terms I go for lease variation however if my lease has expired and I still need utilize the land I go for lease renewal.

The procedure for lease renew is provided for in the subsequent post. This post deals with lease extension/variation of lease.

Laws applicable.

• THE 1995 CONSTITUTION OF THE REPUBLIC OF UGANDA AS AMENDED
• COMPANIES ACT OF 2012 (where accompany is involved)
• CONTRACT ACT OF 2010
• LAND ACT 0F 1998 AS AMENDED
• RTA CAP 230
• AMONG OTHERS

Please note that the laws applicable depend on the nature of the parties as such you may be required to look at various laws.

1. In case one needs to vary (extend ongoing lease) his or her lease, a request should be made by the interested party (lessee or lesser) to increase the lease period.
2. In case accompany is involved as one of the parties it has to pass a resolution to that effect and register it accordingly.
3. Both the lessor(land lord) or controlling Authority in case of public land and the leasee should hold negotiations to agree on the terms.
4. In case of public land the controlling authority shall convene a boarding meeting through which a decision (minute) shall be passed on the request at hand.
5. Upon the terms being agreeable the lessor/land lord if its individual land or /Controlling authority /district land board if its public land should prepare letter of variation spelling out what should be varied i.e. the period ,rent premium among others.
6. The applicant should be given the prepared letter of variation and he or she attached two passport size photos and duplicate certificate of title.
7. The applicant should submit the letter of variation together with the attachments to either government chief valuer or representative at government land administration office within his or her area for assessment of revised grand rent and premium.
8. As the applicant submits letter of variation for assessment he or she should ask when to collect the documents with assessment slips.
9. The applicant should collect the assessed documents from where they were submitted on the date he or she was told and takes them to office of registrar of titles where the land is situated for preparation of lease variation deed.
10. As the applicant submits the assessed documents he or she should ask when to collect them.
11. The applicant should collect the prepared variation deed assessed, payment slips for stump duty, registration fee from where he or she submitted them on the date he or she was told to pick.
12. The applicant should then proceed to pay the assessed fees at the advised bank where the documents shall be embossed.
13. The applicant should then take the embossed documents to the land lord,leasor or controlling authority/district land board where both lease and the lesser must sign/endorse their signature ,date and seal the deed
14. In case the lesser is the a district land board ,controlling authority or Uganda land commission the chairperson and the secretary should be the ones to sign/ endorse on one side and the lessee on the other side.
15. The applicant should make photocopies of all the documents and submits them to office of registrar of titles responsible for that area where land is situated for preparation of a duplicate certificate of title reflecting the changes, Ask when to collect the completed certificate of title.
16. Get back on the said date to pick your completed certificate of title
17. Author is A regional transactions legal consultant (ADVOCATE) at NOA REGIONAL ASSOCIATED ADVOCATES AND LEGAL CONSULTANTS
    Email address: onlinetransactionconsultancy@gmail.com.contacts. +250787311255,+256788105242,+256782105042
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18. NOTE: whereas the author has made necessary efforts to ensure the accuracy of this post, it is not intended to provide specific legal advice to a particular individual as individual situations may differ.For specific technical / legal transaction advice on this subject matter and related subject, you may contact the author at online consultancy fee, or contact any transaction legal consultant of your choice.

     

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