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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 your interest in the building and ensure that no alterations are carried out which could affect the enjoyment of the building for the other flat owners or affect the safety or structure of the building and/or any common facilities such as hot water and heating.
If your 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 they are able to carry out the works subject to first obtaining a Licence for Alterations they will need to approach you for consent and provide you with plans and specifications to help you consider their proposed alterations.
If you are willing to consent to the works then a Licence for Alterations will need to be prepared by your Solicitors which is expected to include clauses relating to the following:-
- Your 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.
- Your 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.
Your costs will be paid by the tenant. We will always obtain an undertaking for our legal costs for acting for you from the tenant’s solicitors before commencing any work.
LEASE Law are also able to assist with any other transaction where there is lease involvement, which will include Licences to Assign, Deeds of Variation, Deed of Rectifications and providing general advice in respect of residential lease issues or interpretation of the terms of a lease.
If you have a lease query, please do feel free to contact us for a free no obligation discussion to establish whether we can assist you. Please contact Jade Thomas (jade@leaselaw.co.uk or 0204 511 9100) or Joanna Botley (joanna@leaselaw.co.uk or 0204 511 9101).
