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In commercial property leases, tenants are usually required to obtain landlord’s consent in relation to any alterations before the works are carried out. The lease should confirm when consent is required and a tenant who wishes to make changes should check their commercial lease to see what is permitted. A common provision seen in a standard lease is that the landlord is obliged to act reasonably and within a certain timescale.
As a commercial tenant, understanding your rights and obligations regarding property alterations is fundamental. Here are key points to consider:
Lease Provisions:
Most commercial leases prohibit structural alterations without the landlord’s consent. However, non-structural and interior alterations are often allowed, provided you obtain the landlord’s consent. The landlord typically acts reasonably and within a reasonable timescale when granting or withholding consent.
Types of Alterations – Consider the nature of the alterations:
Non-Structural: These include changes to the interior, such as partition walls or redecoration.
Structural: Alterations affecting the building’s structure or exterior are usually restricted.
Documentation:
Properly document any consent obtained. A license for works is a standardised document that outlines the approved alterations and conditions.
Reinstatement Obligations: At the end of the lease, tenants generally need to reinstate the premises to their original condition. Exceptions may apply, especially if the alterations improve the property.
Costs and Rent Review:
Consider whether the alterations impact rent. Document any agreement to prevent rent increases due to paid works.
Contact Williamsons Solicitors on 01482 323697.
Remember, seeking legal advice from a qualified solicitor specialising in commercial property law is essential. Properly navigating consent to alterations ensures compliance and minimises risks.
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