Q&As

Who should enter into a retrospective licence for alterations where a tenant has carried out unauthorised alterations and since assigned to a group company—the defaulting tenant (in order to give the assurances in the licence about the obtaining of consents, carrying out of works etc), the assignee as the current tenant (because the licence is supplemental to the lease and may, in fact vary it) or both?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 23/12/2019

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:

  • Who should enter into a retrospective licence for alterations where a tenant has carried out unauthorised alterations and since assigned to a group company—the defaulting tenant (in order to give the assurances in the licence about the obtaining of consents, carrying out of works etc), the assignee as the current tenant (because the licence is supplemental to the lease and may, in fact vary it) or both?

It is ordinarily the case that where a tenant wishes to make alterations to demised premises, it is necessary to obtain the consent of the landlord. Regard should be had to the terms of the lease. The lease may contain an absolute covenant prohibiting alterations, in which case, the landlord would be required to agree to a variation of the lease; or a qualified covenant, which requires the consent of the landlord. In such circumstances, to carry out alterations without consent will be a breach of the lease and renders it vulnerable to forfeiture. Section 19(2) of the Landlord and Tenant Act 1927 implies into such qualified covenant in respect of the making of improvements without a licence or consent a requirement that the landlord must not unreasonably withhold consent. Consent is ordinarily provided by the parties entering into a deed of licence for the alterations, which will set out what work is being done and confirm that the necessary

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