Leaseholders will often want to renovate and modernise their property. Minor interior makeovers will not typically require consent from the Freeholder, however what about more substantial works?
In this article, Property Litigation Associate Will Bartley provides advice on Licences to Alter in residential leasehold properties.
What is a Licence to Alter?
A Licence to Alter, sometimes referred to as Licences for Alterations, typically applies to a residential property that a tenant (leaseholder) occupies under a leasehold agreement.
If a leaseholder would like to undertake changes within the property it will often require legal consent from the landlord (freeholder).
A Licence to Alter is a formal legal document. It sets out the alterations to occur and the conditions that they are subject to – providing clarity and certainty to both the leaseholder and the freeholder as to what works will be carried out and what specifically is approved.
How can I get a Licence to Alter?
There are two ways to obtain a Licence; by consent from the Freeholder, or by an Application to the Court/Tribunal.
We’ve put together a complete guide to leasehold property alterations, which includes how to obtain a licence. You can read it here.
Do I need consent from my landlord for a Licence to Alter?
After reviewing the lease to identify the required works and permissions, approach your Freeholder for consent.
Typically, you will need to evidence your Application, with supporting documentation from a surveyor/architect.
The Freeholder will then typically instruct their own surveyor to asses the documents/works and the respective parties can negotiate and agree on the final form of the works.
A Solicitor can then draft the Licence for Alterations for each party to sign.