9 - Contents of a lease (part ii) Flashcards
Alterations, Use and Post-completion
10 years from 5 April 2011
Starts 6 April 2011
End 5 April 2021
10 years from and including 5 April 2011
Starts 5 April 2011
Ends 4 April 2021
Contractual term vs Term
Contractual term = term until CED on lease
Term = contractual term + hold over term
A tenant is leasing part of the building. Who pays for repairs of the common areas?
Landlord will charge for the common area repairs by a service charge
what is an absolute covenant in the lease?
shall not do it
what type of covenant: ‘…without landlord’s consent’
qualified
what is a fully qualified lease?
without landlord’s consent, not to be unreasonably withheld
what is the effect of s.19(2) LTA 1927?
Alterations = turns any qualified covenant into a fully qualified covenant
Licence for Alterations
Landlord gives formal consent (deed) to an alteration
What can be done if the landlord and tenant want to make an alteration as a permanent change to the terms of the lease?
use a Deed of Variation - like a surrender and re-grant of the lease
how does s.19(3) LTA 1927 differ from s.19(2)?
s.19(2) = alterations
s.19(3) = use
No requirement for landlord to act reasonably - can refuse consent on unreasonable grounds if the change of use does not involve any structural alteration
How is a landlord’s consent to a change of use documented?
- Licence to Change Use
2. Deed of Variation - permanent change
