Alterations, User and Planning Flashcards
If the lease is silent on alterations, what can the tenant do?
A. Carry out alterations freely, subject to waste
B. Only alter with landlord’s prior written consent
C. Never alter without court approval
D. Must comply with planning permission even if lease silent
A – Carry out alterations freely, subject to waste
Explanation: Silence means freedom to alter, limited only by the doctrine of waste (no damaging the premises).
Under a qualified covenant, if the tenant proposes an improvement, what does section 19(2) LTA 1927 do?
A. Prohibits the alteration
B. Converts it to a fully qualified covenant (consent not to be unreasonably withheld)
C. Gives landlord unconditional discretion
D. Allows tenant to alter without consent
B – Converts it to a fully qualified covenant
Explanation: Section 19(2) upgrades tenant improvements so that landlord’s consent cannot be unreasonably withheld.
A tenant in a shopping centre wants to change from retail use (Class E(a)) to a betting shop (sui generis). What steps are necessary?
A. Only notify landlord
B. Obtain landlord’s consent and planning permission
C. Apply for insurance cover only
D. Pay extra business rates
B – Obtain landlord’s consent and planning permission
Explanation: Change of use often requires both landlord’s permission under the lease and new planning permission.
A lease absolutely prohibits external alterations but says nothing about internal non-structural works. Can the tenant alter internal partitions?
A. No, because prohibition applies
B. Yes, if planning permission is granted
C. Yes, because lease is silent on internal non-structural works
D. Only with a building regulations certificate
C – Yes, because lease is silent on internal non-structural works
Explanation: Silence on internal non-structural works means tenant can proceed (subject to avoiding waste).
A lease requires landlord’s consent for internal alterations. The tenant wants to install a better air conditioning system. What standard must the landlord follow?
A. Act reasonably because it is an improvement
B. Act at complete discretion
C. Refuse all internal improvements automatically
D. Demand an additional premium
A – Act reasonably because it is an improvement
Explanation: Tenant improvements under a qualified covenant must be treated reasonably by the landlord (section 19(2)).
Under section 19(3) LTA 1927, when can a landlord charge a lump sum for giving change of use consent?
A. Only with tenant’s agreement
B. Only for commercial leases over 5 years
C. Always, whenever consent is needed
D. Never, unless structural alterations are needed
D – Never, unless structural alterations are needed
Explanation: Lump sums may only be charged if the change of use involves structural alterations.
If the lease has a qualified covenant restricting use, does statute automatically upgrade it to fully qualified?
A. Yes, for all business leases
B. Yes, if tenant proposes improvements
C. No, unless it is a retail unit
D. No, statute does not upgrade user clauses
D – No, statute does not upgrade user clauses
Explanation: Statute upgrades alteration clauses (for improvements) but not user clauses.
If a tenant applies to court under section 3 LTA 1927 to carry out improvements, what must the court consider?
A. Whether the improvement increases the letting value and is suitable
B. Whether the tenant pays additional rent
C. Whether the building insurance premium decreases
D. Whether the landlord owns more than one property
A – Whether the improvement increases the letting value and is suitable
Explanation: Court grants permission if the improvement increases value, is reasonable and suitable.
