• Landlord Consent

    By Guest on 23rd Sep 2014

    I am purchasing a leasehold property and want to take down an internal wall, which is non load bearing. The lease details landlords permission is required. My solicitor has raised this as an enqury and I have asked them to obtain consent pre exchange. Does the landlord have the right to refuse, even for no good reason?

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    By Guest on 23/09/2014

    It depends on the wording of the covenant. If it simply says that no alterations are permitted then the landlord is free to refuse to allow it. If on the other hand the covenants state that no alterations can be carried out without the landord's consent (or that the landlord's consent is required for any alterations - it means the same thing) then there are implied into the covenant the words "such consent not to be unreasonably withheld". These words are implied by s19(2) Landlord and Tenant Act 1927. The landlord is however entitled to charge a fee for granting consent to cover such costs as instructing a surveyor to examine the plans as well as his own time spent considering the application.

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