Alterations—specific consent overrides tenant covenants in lease
Alterations—specific consent overrides tenant covenants in lease

The following Property guidance note provides comprehensive and up to date legal information covering:

  • Alterations—specific consent overrides tenant covenants in lease
  • Statutory provisions
  • Covenants incompatible with the works

Statutory provisions

Section 143 of the Law of Property Act 1925 provides that where a licence is granted to a tenant to do any act, the licence, unless otherwise expressed, extends only:

  1. to the permission actually given, or

  2. to the specific breach of any provision or covenant referred to, or

  3. to any other matter specifically authorised to be done

The licence does not prevent any proceeding for any subsequent breach unless otherwise specified in the licence.

Notwithstanding the licence:

  1. all rights under covenants and powers of re-entry contained in the lease remain in full force and are available as against any subsequent breach of covenant, condition or other matter not specifically authorised or waived, in the same manner as i