Q&As

In a lease, a tenant covenants not to make any alterations to the demised premises without the landlord’s consent not to be unreasonably withheld. The demise of the property does not include the structural walls of the building. The tenant seeks to remove part of a structural wall and the landlord is in agreement. Is it simply a question of the landlord consenting to that work through a licence (and possibly a supplemental lease to reflect the small amount of additional land)? If the lease makes no reference to the tenant’s right to do such work, would the other tenants be entitled to request the landlord refuses consent as per the recent judgment in Duval v 11-13 Rudolph Crescent Ltd?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on: 24 June 2020
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It is common for a lease of premises to contain a covenant preventing the tenant from making structural or other alterations. Such a covenant may be absolute or may be qualified so as to require the consent of the landlord. Additionally, the consent qualification may provide for that consent not to be unreasonably withheld (and

Chris Bryden
Chris Bryden

Chris was called to the Bar in 2003 and since that time has built a busy practice across a range of areas, with an emphasis on Chancery practice. He enjoys a well-deserved reputation for his knowledge and expertise in each area. He appears regularly in the County Court, Family Court and the High Court as well as various specialist Tribunals, and has been involved in cases up to and including the Supreme Court. He regularly is instructed at Appellate level. He has extensive and wide-ranging experience particularly in the areas of wills, probate and inheritance disputes; property including adverse possession, boundary disputes and issues arising out of trusts of land; company and commercial work and financial remedies. Chris is head of the Family Group and head of the Property Team at 4KBW.

Chris is the author of numerous articles in publications such as the New Law Journal, Counsel and Family Law, amongst many other titles, and is the co-author of Social Media in the Workplace: A Handbook (2015, Jordan Publishing).

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Jurisdiction(s):
United Kingdom
Key definition:
Deed definition
What does Deed mean?

Deeds are written agreements but differ from contracts in that the limitation period is 12 years and consideration is not required. There are very few categories of transactions that require execution by deed but they are transfers of land, leases, mortgages and charges, sales by mortgagees, appointments of trustees, powers of attorney and gifts.

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