Obtaining Consent to Alterations
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 a template Tenant’s Letter seeking Consent to Make Alterations and pro forma Heads of Terms for Alterations. These documents will help tenants to approach the subject of alterations in a formal way, providing the landlord with as much information as possible at the outset to enable him to make a decision.
Tenants should refer to the Protocol for Applications for Consent to Carry out Alterations when approaching the subject of alterations. The Protocol can be found at http://www.propertyprotocols.co.uk. Compliance with the Protocol is voluntary but use of the Protocol is widely supported in the commercial property sector. Our documents are designed to help the parties comply with the Protocol.
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Frequently Asked Questions
I want to alter my leased premises, do I need the landlord's consent? +
Almost always. Commercial leases typically prohibit alterations without the landlord's consent, which is given by a formal licence to alter recording what may be done and any conditions. The scope depends on the lease: structural or external works are often absolutely barred, while internal non-structural alterations are usually allowed with consent. Check the alterations covenant before you start, because doing works without the required licence is a breach of the lease. Simply-Docs provides a tenant letter and heads of terms for alterations.
How do I apply to my landlord for consent to make alterations? +
Approach it formally and give full information at the outset. Send a written request setting out exactly what you propose, ideally with plans and specifications, so the landlord can make a decision without repeated queries. Simply-Docs provides a tenant letter seeking consent to make alterations and pro forma heads of terms for alterations to structure the request. Providing detail early speeds up the licence to alter and reduces the chance of conditions you did not expect.
Can my landlord refuse consent to alterations or charge me for it? +
It depends on the covenant. If the lease bars alterations only without consent (a qualified covenant), section 19(2) of the Landlord and Tenant Act 1927 implies that consent to improvements cannot be unreasonably withheld, though the landlord may require a reasonable sum for any damage or diminution in value and its reasonable costs, and reinstatement at the end where reasonable. If the covenant is absolute, the landlord can refuse outright. Check whether your covenant is qualified or absolute.
What is the Protocol for applications for consent to alterations? +
It is a voluntary protocol that sets out how landlords and tenants should handle an application for consent to carry out alterations, promoting a prompt and reasonable process. Compliance is not compulsory, but the protocol is widely supported in the commercial property sector and following it helps both sides. The Simply-Docs alterations documents are designed to fit the protocol. You can find it through the Property Protocols website.
