Tenants - should they ask for consent to alterations?

A leasehold arrangement means that someone can pay rent to the owner of the building and in return is allowed to live in that property (or part if it is a flat) or occupy it or use it for business purposes.

A leasehold arrangement means that someone can pay rent to the owner of the building and in return is allowed to live in that property (or part if it is a flat) or occupy it or use it for business purposes. The landlord is generally not allowed to interfere with the tenant's use and enjoyment of the premises but the landlord will usually want to ensure that the tenant does not alter the property without the landlord's consent. This enables the landlord to retain control of the premises and ensures that the tenant cannot carry out work to the property which might damage the fabric of the building.

The arrangements between the landlord and the tenant will be contained in the lease of the premises and this document will contain a large number of covenants, which are promises by the tenant to do or not to do what is specified in the lease. Many people rent their property for perhaps a few months under an 'assured shorthold' tenancy agreement or have paid a large premium to buy their flat on a long lease. In both cases, the lease will usually contain a covenant stating that the tenant cannot make internal or external or structural alterations without the landlord's written consent.

In a recent case, the court had to decide on how one of these clauses should be interpreted.

In the case, the boiler in a flat had to be replaced. The tenant's contractor had to install a new exhaust vent and waste pipe into the wall as he was fitting the new boiler. This involved making a hole in the wall of the building. The tenant did not obtain the landlord's consent to this work. Unfortunately, during the installation, a water pipe burst and caused damage to the flat below and a dispute arose between the tenant and the landlord.

The case went against the tenant. His argument that he could not find the address of his landlord was not accepted as it transpired that a simple Land Registry search would have revealed it.  It was held that there was a breach of covenant even though it was minor in nature and the fact that the tenant did not know that his contractor needed to put a hole in the wall was not enough to remove any responsibility from him as he was liable for the actions of his contractor.

The moral of the story is that any person wishing to carry out any work on a property which they are renting must check the terms of their lease and ask their landlord for any required consent before any work is carried out.

Case: Raja v Aviram [2016] UKUT 0102 (LC)

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