Legal Writing - Alterations and change of use

Question 1

Absolute covenant against alterations - Asking for permission

Answer 1

ALWAYS worth saying to the client that they could approach the LL and ask for consent and that the LL might be minded to agree but there is no obligation on the LL as this is an absolute covenant

Question 2

Absolute covenant against alterations - What else to mention to the client

Answer 2

1) S. 3 of the Landlord and Tenant Act 1927 to the client
2) Whether planning permission or building regulations consent is needed

Question 3

When will planning permission be needed

Answer 3

For external alterations and changes between uses classes

Question 4

When will building regulations consent be needed

Answer 4

Structural changes and a change to the exterior e.g removing/adding walls but NOT demountable partitioning

Question 5

What to tell the client with a fully qualified covenant

Answer 5

Need to explain that the landlord’s consent is required but cannot be unreasonably withheld. It is therefore likely that the landlord will have to agree to this

Question 6

What if there is a reinstatement provision

Answer 6

It will need to be flagged to client as they will have to reverse all changes at the end of the term if so required by the landlord

Question 7

What will the next steps be

Answer 7

The client will need to make enquiries of the landlord and the planning authority to find out if they will be able to proceed with their plans