User Flashcards
If the lease is silent on user, what can the tenant do?
Tenant is free to use premises for anything they like
What is a potential consequence of a landlord keeping the user narrow?
This will limit appeal of premises
What are the three options for Change of Use in a lease?
- Prohibit
- Allow with consent
- Allow with consent not to be unreasonably withheld
Does a statute convert a qualified covenant against change of use into a fully qualified covenant?
No
What does S19(3) of LTA 1927 state about landlord consent for change of use?
Landlord may not charge a lump sum or increase rent unless it also requires structural alterations
What must a tenant ensure regarding change of use?
Tenant must ensure they have relevant consents as change of use can take property outside the use class for which it has planning permission
What does the Code for Leasing Business Premises state about lease restrictions?
Lease should only restrict alterations and change of use insofar as necessary to protect the value of the premises and any adjoining or neighbouring premises of the landlord
What type of covenant should be given for internal non-structural alterations in a lease of part according to the Code for Leasing Business Premises?
Fully qualified covenant
What ability should a lease of the whole grant regarding internal non-structural alterations according to the Code for Leasing Business Premises?
Complete ability to carry out internal non-structural alterations without consent
If a landlord requires reinstatement, how should this be communicated according to the Code for Leasing Business Premises?
This should be made clear in heads of terms
