Signup To Our Weekly e-News
"*" indicates required fields
We’ll never share your details with any third party in line with our privacy policy.
Most residential leases require tenants to obtain consent from the landlord and/or the management company before making any alterations to their property. Failure to do this could be a breach of the terms of the lease.
Whether or not consent is required will usually be determined by two factors:
Although there is no exhaustive list, the most common alterations which typically require a licence to alter include:
Typically, a lease will contain one of three restrictions (or a combination of the three) in relation to alterations:
The most common way consent is provided is by a formal written licence from the landlord, also known as a ‘Licence for Alterations’. This records the fact that permission has been sought and granted in respect of the work.
In applying for a licence, the primary responsibility of the tenant is to present the landlord with a full scope of the proposed alterations, which will typically encompass design, structural drawings and building services drawings, details of the likely timescales of the works and any other relevant specifications along with an undertaking that all statutory consents will be complied with.
The tenant should be aware that, in addition to their own building costs, they may also be liable for the landlord’s costs (such as legal or survey fees) in connection with the preparation of the licence.
If the tenant carries out the works without the necessary consent and licence, the consequences can be severe and far-reaching:
The Protocol for Applications for Consent to Carry Out Alterations (the Alterations Protocol) was recently introduced with the aim of simplifying the process and avoiding any potential disputes between landlord and tenant.
Both parties are encouraged to utilise the Alterations Protocol when possible, as it serves as a useful tool to improve communication and streamline the process.
If you are a landlord or tenant and would like discuss any aspect of the Licence for Alterations process, please contact one of the experts in our Enfranchisement Team.
With the Stamp Duty Land Tax (SDLT) holiday end date in sight, it’s worth noting that from 1 April 2021 […]
Review and update your flexible and agile working policies and procedures for your employees to prepare for the ‘new normal’ […]
"*" indicates required fields
We’ll never share your details with any third party in line with our privacy policy.