Q&As

The terms of a LTA 1954 renewal are in dispute. The tenant has been in occupation under two previous leases which provided that the tenant must on lease expiry reinstate alterations made during the term. If a similar term is included in the renewal lease, will it only cover alterations made during the term of the renewal lease or will it cover alterations made previously?

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Published on LexisPSL on 03/12/2018

The following Property Disputes Q&A provides comprehensive and up to date legal information covering:

  • The terms of a LTA 1954 renewal are in dispute. The tenant has been in occupation under two previous leases which provided that the tenant must on lease expiry reinstate alterations made during the term. If a similar term is included in the renewal lease, will it only cover alterations made during the term of the renewal lease or will it cover alterations made previously?

If there is no obligation to reinstate the demised premises, a lawful alteration becomes part of the premises and the tenant cannot be made to reinstate. See Practice Note: Tenant’s reinstatement under the heading ‘Renewals’.

Accordingly, to ensure that there is still an obligation to reinstate alterations undertaken during both of the previous leases, the new yielding up covenant should expressly refer to all alterations undertaken during the term of both the two previous leases and the new lease, including specific reference to any licences to alter.

However, the tenant may oppose the reinstatement covenant in the new lease being extended to capture obligations under previous leases. It will depend on the precise

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