Can Tenants Do What They Want to Their Property?

A common question among tenants is what kind of work they can carry out to their premises without facing restrictions. Unfortunately, the belief that you can do as you please with your property is often incorrect.

If you own leasehold property, your lease likely outlines specific covenants that require landlord consent before making alterations. These covenants fall into two main categories:

• Absolute Covenants: These prohibit any alterations to the property.
• Qualified Covenants: These permit alterations with the landlord's consent. In such cases, detailed plans must be submitted for approval, and the landlord cannot unreasonably withhold consent.

What Kind of Work Requires Landlord Consent?

The specific works requiring consent depend on the lease's wording. Generally, the goal is to prevent damage to the building or reduction in its value. Common restrictions include:

• Structural Alterations: Changes to the building's structure, like removing load-bearing walls or altering the layout, often require consent.
• Non-Structural Alterations: Work on fixtures or fittings, such as kitchen or bathroom upgrades (without removing walls), might also need approval.

It's essential to remember that if the work affects a part of the building not covered by your lease, the landlord may not need to give consent.

How to Apply for Landlord Consent

To request permission, submit a formal application with:

• A detailed description of the work
• Plans and specifications of the current and proposed layouts
• Contact information for architects or contractors
• A proposed timeline for the project

This information helps the landlord make an informed decision.

Additional Considerations

Before starting any work, consider the following:

• Planning Permission: Check if you need approval from the local authority.
• Building Regulations: Ensure compliance with building regulations.
• Listed Building Consent: If your property is listed, obtain necessary consent.
• Party Walls: If the work affects adjoining properties, consult a party wall specialist.
• Mortgage Lender: Inform your mortgage lender about the planned work to avoid breaching your mortgage agreement.

Landlord's Decision and Potential Costs

The landlord may request a fee to consider your application. If consent is granted, it could be subject to conditions such as:

• Solicitor's fees for a Licence for Alterations
• Surveyor's fees to assess the proposed work
• A damage deposit
• A premium to compensate for potential property value reduction

Consequences of Unauthorised Work

Carrying out work without consent breaches your lease and could lead to legal action, damages, or the requirement to restore the property to its original condition. It might also violate your mortgage terms.

While seeking retrospective consent is possible, it can be costly and may result in additional requirements from the landlord.

Conclusion

To avoid potential issues, contact your landlord as soon as you consider making alterations. Understanding the lease's terms and gathering necessary information will streamline the consent process.

About Us: Donald Millar and I are property lawyers with extensive experience advising clients on buying, selling, developing, leasing, and financing UK residential and commercial property. Whether you're a first-time buyer, a seasoned investor, a funder, or a developer navigating complex projects, we can guide you through the legal process and ensure your interests are protected.