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If you are a managing agent who has been approached by a tenant who wishes to carry out alterations to their flat, we can act for either the tenant or the landlord in relation to considering the consent and granting a formal Licence for Alterations to the tenant. We can work alongside you to ensure that the transaction proceeds as smoothly and quickly as possible.
It is typical for residential leases to include provisions to control the tenant’s ability to make alterations to their flat. This is to protect the landlord’s interest in the building and ensure that no alterations are carried out which could affect the enjoyment of the building for the other tenants or affect the safety or structure of the building and/or any common facilities such as hot water and heating.
If the tenant plans to carry out alterations to their flat they must first carefully check the terms of their lease to see whether they are able to carry out their proposed works and if so, whether a Licence for Alterations will be required.
If the tenant is able to carry out the works subject to first obtaining a Licence for Alterations they will need to approach the landlord for their consent and provide the landlord with plans and specifications to help them consider the tenant’s proposed alterations.
If the landlord is willing to consent to the works then a Licence for Alterations will need to be prepared by the instructed solicitors. The Licence for Alterations is expected to include clauses relating to the following:-
- The landlord’s consent to the alterations.
- Full details of the plans and specifications approved.
- A time period for the alterations to be carried out and completed.
- To ensure compliance with planning legislation and building regulations.
- Insurance arrangements.
- The landlord’s costs.
- Working days and hours permitted.
- Provisions to minimise noise and disturbance and cleaning of common parts.
- For more major works, often schedules of conditions to be prepared for the common parts and other flats in the building.
The tenant will be required to pay the landlord’s legal and surveyors’ costs in connection with the application for the licence. If we are acting for the landlord, we will always obtain an undertaking for our legal costs for acting for the landlord from the tenant’s solicitors before commencing any work.
If you would like us to assist with a Licence for Alterations, please feel free to contact us for a free no obligation discussion. Please contact Jade Thomas (jade@leaselaw.co.uk or 0204 511 9100) or Joanna Botley (joanna@leaselaw.co.uk or 0204 511 9101).
