Most commercial leases will require that a Tenant obtains consent from the Landlord before making any alterations to the property. It is a process also known as an application for a 'Licence for Alterations'. The purpose of the licence is to record all works that alter the property and to protect the landlord's interests and those of other Tenants.
Whether consent is required or not will be determined by the scope of the works and what the lease says. Generally, Landlords place a restriction on the extent of alteration or other changes and improvements that the Tenant can make during the term of the lease, without the Landlord's consent.
If you are a Tenant, it is important to establish whether a licence is required prior to commencement of any works, otherwise:
The Tenant is responsible for providing the proposed scope of works to the Landlord. This will typically require the preparation of drawings and specifications. The licence will include a covenant by the Tenant that all works will comply with relevant statutes, planning consent, building regulations and good working practices.
Once the works have been approved by the Landlord, all necessary information will be set out in the licence. Any change by the Tenant will require either an addendum to, or a new licence.
Depending on the terms of the lease, it is usual to have a reinstatement clause in the licence, which requires the Tenant to reinstate the property to how it was prior to occupation. All works would be at the Tenant's own cost.
The Tenant's proposed scope of works may be complex and the Landlord may appoint his own professional team to review and approve the designs, calculations and specifications put forward by the Tenant. The costs of such advice would normally be chargeable to the Tenant, under the lease.
It is in the interest of both the Tenant and the Landlord to ensure the accuracy of the 'As Built' drawings and specifications to avoid any dispute at the expiry of the lease.
The licence is normally prepared by the Landlord's solicitor and issued to the Tenant's professional team for approval.
The specialist commercial property solicitors at Bray & Bray deal with licences for both Landlords and Tenants and can give you advice about everything that needs to be included in a licence. We will help you to ensure that changes and alterations are legal, whilst being to the benefit of both the Landlord and the Tenant.
Bray & Bray has three main offices in Leicestershire. We will be able to answer any initial questions you have over the phone and arrange for a meeting at your nearest office, at your earliest convenience.
Leicester call us on 0116 254 8871.
Hinckley call us on 01455 639 900.
Market Harborough call us on 01858 467 181.
Bray & Bray's experts don't just dip in and out of different areas of law – all our lawyers specialise in certain areas and have the knowledge and confidence to take on any kind of case in their area of law. Contact us and we'll work alongside you from start to finish.
We know that when our clients are dealing with a stressful legal situation the last thing they need is to be confused by jargon, or made uncomfortable by stuffy professionals. Our plain speaking transparent approach puts people at ease and we're really proud of it.
We offer a complete range of legal services, from personal injury to family law, criminal defence and immigration. We have expert teams of lawyers working in all legal areas, and you'll never work with anyone who isn't fully versed in the relevant laws.
We're based in Leicester and the county but we serve clients nationwide, so don't hesitate to get in touch if you're based some distance away. We do everything we can to make things simple for clients based elsewhere – we'll keep in touch via phone and email, and we'll come and visit you should we need to.