Consent to Alterations - Key Factors for the Decision Maker

Introduction

An application for licence to alter may often come together with applications for consent to change of use, and assignment or sub-letting. The different rules and procedures applying to each can make things complicated.

Recent case law has thrown some doubt over the conventional understanding of how to assess the reasonableness of the landlord’s position, with principles taken from the judicial review context now beginning to feature, and courts being asked to consider objections on purely aesthetic grounds. What is or is not considered reasonable will necessarily change over time, and issues over the sustainability of proposed changes, or whether they may cause nuisance to neighbours for which the landlord might be held responsible, are likely to emerge.

Both tenants and landlords need to be familiar with the procedural tools available to secure the right outcome, and also have an awareness of how documenting consent can prevent problems at lease-end.

What You Will Learn

This webinar will cover the following:

• The principles which underlie the assessment of reasonableness
• Sustainability and alterations
• Best practice on making and fielding applications for consent
• The relevance of aesthetic considerations
• How should a notice under s.3 Landlord and Tenant Act be drafted, and when should one be served?

This webinar was recorded on 14th June 2023