Consent to Alterations - Key Issues for Landlords & Tenants
When a landlord receives a tenant's application for consent to alterations, it may be forgiven for being slightly more relaxed than when an application for licence to assign comes in. There is no duty to make a decision within a reasonable time, nor is there any risk of a damages claim if its response to the request is considered to be unreasonable.
The alert tenant, though, will know that the lack of a deadline can be more apparent than real, and that there are statutory levers for obtaining the required consent, although they can only be used if the application is set up in the right way.
As and when consent is granted, the documentation is far from routine, and there is plenty of scope for the landlord, if not alive to the issues, to create problems which may only emerge at the end of the lease, and which can have serious financial implications.
This webinar will consider the points to be aware of from both a landlord and tenant's perspective.
What You Will Learn
This webinar will cover the following:
- Best practice on making and fielding applications for consent
- The distinction between fixtures and chattels
- The distinction between landlord’s and tenant's fixtures
- The role and relevance of reinstatement obligations
- Compensation for alterations
- Yielding-up obligations
- What is the difference between improvements and alterations?
- Can compensation for improvements be claimed if the landlord requires the tenant to reinstate alterations?
- How should a notice under s.3 Landlord and Tenant Act be drafted, and when should one be served?