Licences For
Alterations

Support for landlords
& tenants

A licence to alter is normally required under a lease when a tenant, commercial or residential, is looking to make a change within their space. This may be a small change such as installing a new boiler in a different location, or a major change such as changing the layout and moving internal walls. As a part of this process, a landlord will need to give the tenant permission, and Cardoe Martin have advised commercial and residential landlords on technical aspects of a tenant’s proposals to consider ensuring their investment, the building fabric and other tenants are not adversely impacted.

FREQUENTLY ASKED QUESTIONS

What is a licence for alterations?

This is a licence from a landlord to a tenant giving consent to make alterations to a property. It is a formal written consent that clearly sets out the terms and conditions which allow such alterations to be undertaken.       

What are the different types of covenant relating to Licences for Alterations?

Most leases typically contain a covenant that determines what alterations are permissible under the terms of a lease. They are an absolute covenant, a qualified covenant and a fully qualified covenant. 

What is a retrospective licence for alterations?

This is when the landlord gives consent ‘retrospectively’ for works or alterations already carried out within the demise.

What is included when a client instructs us to provide a licence?
  • One site inspection prior to works being started to ensure all information on which the decision has been based is accurate. Additionally we will check to identify any perceived complications in common or structural areas.
  • Inform the leaseholder of their obligation to supply any related paperwork such as guarantees or proof of contractor qualifications to undertake such work 
  • A full review of all paperwork supplied by the leaseholder or tenant
  • A letter detailing our recommendations for any conditions that we advise the landlord to incorporate into legal documents
  • A final site inspection on completion is advisable to ensure compliance.

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