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?
Published on: 24 June 2020
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
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