It is typical for residential leases to include provisions to control the tenant’s ability to make alterations to their flat. This is to 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 you plan to carry out alterations to your flat you must first carefully check the terms of your lease to see whether you are able to carry out your proposed works and if so, whether a Licence for Alterations will be required.
If you are able to carry out the works subject to first obtaining a Licence for Alterations from the landlord you will need to approach your landlord for consent and provide your landlord with any plans or specification that it reasonably requires to consider the application.
If your landlord is willing to consent to the works then a Licence for Alterations will be prepared by the landlord’s solicitors which 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.
- 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.
As the tenant you will be required to pay the landlord’s legal and surveyors’ costs in connection with the application for the licence.
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 Wilson (firstname.lastname@example.org or 0204 511 9100) or Joanna Botley (email@example.com or 0204 511 9101).