Alterations (Structure and content of a lease)- FS Flashcards
(12 cards)
What is the difference between an absolute and a qualified covenant in a lease regarding alterations?
An absolute covenant prohibits any alterations under all circumstances, whereas a qualified covenant allows alterations only with the landlord’s consen
What does an absolute covenant regarding alterations typically state in a lease?
It typically states that the tenant must not make any alteration or addition to the property, providing the landlord with the unrestricted right to refuse alterations without giving any reasons.
Is a landlord required to justify a refusal of consent under an absolute covenant?
No, under an absolute covenant, the landlord is not required to give reasons for refusing consent to alterations.
How is a qualified covenant for alterations usually expressed in a lease?
A qualified covenant permits certain alterations, such as internal, non-structural changes, with the landlord’s consent, and often includes a clause that consent must not be unreasonably withheld or delayed.
Which legislation governs the landlord’s obligation regarding qualified covenants for alterations?
Section 19(2) of the Landlord and Tenant Act governs this, stating that a landlord cannot unreasonably withhold consent for alterations under a qualified covenant
Can the landlord and tenant contract out of the requirements imposed by Section 19(2) of the Landlord and Tenant Act?
No, the requirements of Section 19(2) cannot be excluded from a lease and apply to all qualified covenants against making alterations.
What type of alterations are typically permitted under a qualified covenant?
Internal and non-structural alterations are usually permitted with the landlord’s consent under a qualified covenant.
In what scenario is Section 19(2) of the Landlord and Tenant Act inapplicable?
Section 19(2) is not applicable to absolute covenants. It only governs situations where a qualified covenant exists.
What is the legal implication if a lease includes an absolute prohibition on structural alterations?
The tenant is completely prohibited from making structural alterations, and the landlord may refuse consent without providing any justification.
Is there an implied term that consent must not be unreasonably withheld in absolute covenants?
No, such a term is not implied into absolute covenants; it only applies to qualified covenants.
If a lease allows for non-structural alterations but prohibits structural ones, what type of covenant does this represent?
This represents a qualified covenant for non-structural alterations and an absolute covenant for structural alterations.
What determines whether a landlord can withhold consent for proposed structural alterations without reason?
If the lease contains an absolute prohibition on structural alterations, the landlord can withhold consent without any obligation to justify the refusal.
