Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.
May I clarify whether the tenant is willing to accept a contracted out lease please or whether the tenant would resist such an attempt by the landlord?
Thank you. Was the landlord represented by a solicitor?
What is proposed is rectification based on unilateral mistake - i.e. the tenant is unlikely to agree that a mistake was made. In order to seek rectification, the landlord needs to prove the following:
One party, A, erroneously believed that the document sought to be rectified contained a particular term or provision, or possibly did not contain a particular term or provision which, mistakenly, it did contain.
The other party, B, was aware of the omission or the inclusion and that it was due to a mistake on the part of A.
B has omitted to draw the mistake to the notice of A.
The mistake must be one calculated to benefit B.
Where the landlord was represented by a solicitor this will be all but impossible to prove because a court will not be willing to accept that A mistakingly believed the document contained a provision it did not because he was professionally represented and therefore should have known all the provisions of the document
In practice unfortunately the landlord will find it all but impossible to apply for rectification if he was professionally represented I fear unless the tenant agreed to cooperate in which case it should be straightforward. However the landlord would have a reasonably straightforward claim against the solicitor for negligence if he failed to contract out the lease contrary to landlords instructions.
Certainly - in the above example, A would be the landlord and B the tenant.
Is there anything above I can clarify for you?
A pleasure. Best wishes