Tenant’s Request for Consent to Carry out Alterations

This Tenant’s Request for Consent to Carry out Alterations is a template letter for a tenant to send to its landlord asking for consent to make alterations to the premises. It complies with the Protocol for Applications for Consent to Carry out Alterations. The Protocol can be found at http://www.propertyprotocols.co.uk.

Commercial leases usually require the tenant to obtain the landlord’s consent before carrying out any alterations, although some leases may permit certain types of alterations without consent. If the tenant wishes to make alterations that are not expressly permitted by the lease, it will need to ask the landlord for consent. The landlord’s consent is usually given by way of a formal Licence to Alter.

When making a request for consent to alter, the tenant should provide plans, specifications and drawings showing the proposed works. If any third party consents are required, e.g. planning permission or building control approval, copies of the consents and/or the tenant’s application for consent should be provided to the landlord.

Often the lease will impose on the landlord a duty “not to unreasonably withhold or delay consent”. The landlord must therefore deal promptly with the tenant’s request for consent and must either agree that consent will be given or give reasonable grounds for refusing consent. This duty only arises once the landlord has received full information about the proposed alterations, hence the need to ensure that all relevant information is included in the tenant’s letter.

The Code for Leasing Business Premises in England and Wales 2007, a voluntary code of practice for landlords, suggests that landlords should make decisions on consents for alterations within 15 working days of receiving full information. If the matter is particularly urgent from the tenant’s point of view, this should be made clear in the letter. There is optional wording dealing with timescale and urgency.

Optional phrases / clauses are enclosed in square brackets. These should be read carefully and selected so as to be compatible with one another. Unused options should be removed from the document.

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