363. Position at common law regarding alterations etc.

It is prima facie a breach of the covenant to repair if the tenant pulls down any part of the premises or makes alterations in them1, unless he is expressly or impliedly given power to do so by the lease2. Further, if the pulling down or alteration changes the nature of the demised premises, the tenant may also be guilty of waste3.

In order to determine whether the pulling down or alteration constitutes a breach of the covenant, regard must, however, be had in each case to the user of the premises which is permitted by the lease4. It may