GLOSSARY

Mutatis mutandis definition

/m(j)uːˌtɑːtɪs muːˈtandɪs/

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What does Mutatis mutandis mean?

‘Mutatis mutandis’ translates to 'all necessary changes having been made’ or ‘with the necessary changes'. The phrase mutatis mutandis indicates that whilst it may be necessary to make some changes to take account of different situations, the main point remains the same.

The phrase mutatis mutandis is used within contracts to incorporate terms from one agreement into a different and separate agreement. For example, a lease renewal with similar terms to a previous agreement, save for changes to the tenants, may incorporate terms ‘mutatis mutandis’.

General

'All necessary changes having been made; with the necessary changes'. The phrase mutatis mutandis occurs in legal writing to indicate that some things have changed and necessarily other things must change as well.

In court, whilst a precedent case was decided with a particular statute in force at the time, an amended statute requires changes to be incorporated into a present decision. What was decided in the previous case applies mutatis mutandis to the current matter before the bar.

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Five long residential leases of flats in a block of 14 have a management company as a party. They also contain a covenant by the landlord to grant any other leases of flats in the building in similar terms. The management company has been struck off and the landlord does not intend to form a new one. Can the landlord grant a new lease of another flat on the same terms, except with no management company as a party or will this be a breach of the covenant to grant leases in similar terms?

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