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 LexisPSL on 24/06/2020

The following Property Q&A produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • 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?

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?

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 if not, section 19(2) of the Landlord and Tenant Act 1927 will imply such a term). Some leases will make provision as to how the consent is given and it is often by way of a licence. However, in this scenario, as the structural walls are not included within the

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