Landlord’s consent to alterations

Published by a ÑÇÖÞÉ«ÇéÍø Property expert
Practice notes

Landlord’s consent to alterations

Published by a ÑÇÖÞÉ«ÇéÍø Property expert

Practice notes
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Without some express or implied permission, a tenant is not permitted to make alterations outside of the demised premises: such access or works will constitute a trespass (see Practice Note: Alterations outside the demise). The guidance below applies to works intended to alter the demised premises.

This Practice Note looks at the various forms of lease covenants that either prohibit, or require landlord’s consent for, alterations. It includes consideration of when it may be reasonable to withhold consent, granting conditional consent and practical matters to take into account.

For guidance on negotiating alterations clauses, see Practice Note: Alterations—a practical lease negotiation guide. For guidance on granting a licence for alterations, see: Licence for alterations—acting for landlord—checklist and Licence for alterations—acting for tenant—checklist.

For commentary on the various duties under the Equality Act 2010, see Practice Note: Equality Act 2010—premises.

Form of covenant

The tenant’s ability to alter will depend on the form of covenant in the lease. It is important to properly analyse the covenant to decide whether it restricts alterations and, if so, to what extent.

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Key definition:
Duty to make reasonable adjustments definition
What does Duty to make reasonable adjustments mean?

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