Q&As

A tenant has carried out alterations without the landlord’s consent and now seeks to obtain retrospective consent. The landlord will grant a retrospective licence on onerous terms such as an increase in rent and payment of a premium. Otherwise, the landlord insists on the improvements being removed, despite the fact the improvements improve the letting value of the premises and they have suffered no loss. Can a landlord be held to be unreasonably withholding retrospective consent for alterations?

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Produced in partnership with Kate Andrews of Hamlins
Published on LexisPSL on 15/08/2017

The following Property Q&A Produced in partnership with Kate Andrews of Hamlins provides comprehensive and up to date legal information covering:

  • A tenant has carried out alterations without the landlord’s consent and now seeks to obtain retrospective consent. The landlord will grant a retrospective licence on onerous terms such as an increase in rent and payment of a premium. Otherwise, the landlord insists on the improvements being removed, despite the fact the improvements improve the letting value of the premises and they have suffered no loss. Can a landlord be held to be unreasonably withholding retrospective consent for alterations?

The answer on the contractual provisions in the tenancy agreement. Here it appears that consent needs to be obtained prior to the tenant carrying out the works. If this is the case, there is no ability for the tenant to force a landlord to provide retrospective consent to alterations, unless the landlord wishes to agree to the same.

In the event that the landlord is wishing to provide retrospective consent to alterations, it will specify the terms upon which it wishes to do so. In the event that the landlord imposes onerous terms, it will be for the

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