Alterations/change of use

Question 1

What if the lease is silent on alterations?

Answer 1

Free to carry out alterations unless it will reduce the value of premises

Question 2

What must the tenant serve if they want to carry out alterations despite an absolute covenant? How long does the landlord have to respond? What if the landlord objects?

Answer 2

1. serve notice of intention
2. landlord has 3 months to respond
3. if landlord objects, tenant may apply to court

Question 3

On what grounds may the court give permission for alterations? (3)

Answer 3

1. adds to letting value
2. reasonable and suitable
3. does not diminish value

Question 4

Name the statutory exception that allows tenant to carry out alterations even where there is an absolute covenant

Answer 4

May still carry out if improvement (s3 LTA)

Question 5

Can the s19 “bump up” be used for both alterations and COU?

Answer 5

No. Only alterations

Question 6

What does s19 do to qualified covenants?

Answer 6

Bumps up to fully qualified “not to be unreasonably witheld”

Question 7

What if the lease is silent on COU?

Answer 7

Tenant is free to use premises for anything

Question 8

What happens after consent is granted for alterations? (document + £)

Answer 8

1. Consent/conditions documented in licence for alterations
2. Tenant pays for landlord’s costs in dealing with application