Landlord Consent to Alterations Templates
During the term of a lease a tenant is likely to want to make alterations to the interior of the premises. Commercial leases tend to prohibit the making of alterations without the landlord’s consent. The landlord’s consent is usually given by way of a formal Licence to Alter.
In this folder we have Heads of Terms for Alterations, Letters for the Landlord to send to the Tenant and a selection of Licence to Alter templates. The licences contain detailed provisions concerning good workmanship, timescale and reinstatement, which are designed to protect the value of the landlord’s investment.
Landlords should refer to the Protocol for Applications for Consent to Carry out Alterations when handling applications for consent to alter premises. The Protocol can be found at http://www.propertyprotocols.co.uk. Compliance with the Protocol is voluntary but the Protocol has broad support in the commercial property sector. Our documents are designed to aid compliance with the Protocol.
Other documents may be needed during the term of a lease. A wide variety of documents can be found in our Managing the Letting, Breaches of the Lease, Assignments and Underletting folders.
Landlord Consent to Alterations Templates is part of Property. Just £38.50 + VAT provides unlimited downloads from Property for 1 year.
Frequently Asked Questions
My tenant wants to fit out or alter the premises. Do they need my consent? +
Almost always. Commercial leases typically prohibit alterations without the landlord's written consent, usually given by a formal licence to alter. The licence sets out the approved works, standards of workmanship, timescales and whether the tenant must reinstate at the end. This sub-folder has heads of terms, letters and licence to alter templates.
Can I refuse consent to alterations, or set conditions? +
It depends on the lease and the type of work. Where the lease bars improvements without consent, section 19 of the Landlord and Tenant Act 1927 implies that consent cannot be unreasonably withheld, though you can require reinstatement and payment for damage or diminution in value plus your reasonable costs. This sub-folder's licences build in appropriate conditions.
What is a licence to alter and what should it contain? +
It is the landlord's formal written consent to specific works. A good licence identifies the approved plans, requires good workmanship and compliance with laws and consents, sets a timescale, deals with reinstatement at lease end and covers who pays costs. This sub-folder has licence to alter templates with these protections for the landlord's investment.
How quickly do I have to deal with a tenant's application to alter? +
Where the statutory duty applies you must not unreasonably delay, and the voluntary Protocol for Applications for Consent to Carry out Alterations sets out expected timescales and information. It is not law but is widely supported in the sector, and following it reduces the risk of a challenge. This sub-folder's documents are designed to aid compliance with the Protocol.
Will I be able to make the tenant remove the alterations at the end? +
Only if the licence to alter requires reinstatement. If it is silent, you may be left with the tenant's changes or a weaker dilapidations position. Build a clear reinstatement obligation into the licence when you grant consent, so you can require removal and making good at lease end. This sub-folder's licences address reinstatement.
