Q&As

What fees can be charged for granting consent under a freehold restrictive covenant? Are these limited to reasonable fees in line with the limitations placed on landlords?

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Published on LexisPSL on 18/03/2019

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

  • What fees can be charged for granting consent under a freehold restrictive covenant? Are these limited to reasonable fees in line with the limitations placed on landlords?

The first consideration is the wording of the covenant itself. On the assumption that the covenant does not identify specific heads of expenditure which can be recovered (eg ‘professional fees’) and does not provide that the landlord must act ‘reasonably’ in giving or refusing consent, then the amount to be paid (and whether as compensation, or for payment of legal or other professional fees, or otherwise) would appear to be a matter for negotiation. That negotiation will be influenced by a number of factors, not least of wh

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