8 Key Factors to Consider for Commercial Tenants in England When Seeking Landlord Consent for Alterations Under a Lease
Leasing commercial premises comes with a set of rights and responsibilities for both landlords and tenants. One critical aspect that commercial tenants often encounter is seeking landlord consent for alterations to their premises. Whether it’s to accommodate changing business needs or improve functionality and efficiency, seeking landlord approval requires careful consideration of various factors to ensure a smooth process.
Here are eight key issues that commercial tenants should take into account when seeking landlord consent for alterations.
- Lease Terms and Conditions:
Start by reviewing the lease agreement thoroughly. Understand the clauses related to alterations, improvements, and modifications. Some leases might restrict certain types of alterations or require tenants to seek explicit landlord consent. Familiarize yourself with any timeframes, procedures, and conditions set forth in the lease. We can assist you with advising on the terms of your lease.
- Scope of Alterations:
Clearly define the scope of the proposed alterations. This includes architectural plans, design concepts, materials, and any potential impact on the building’s structure, systems, or aesthetics. Detailed plans can help convey your intentions effectively and alleviate any concerns the landlord might have.
- Landlord’s Priorities:
Consider the landlord’s perspective. What are their priorities and concerns? Engaging in open communication can help you understand their preferences and address any reservations they might have. This collaborative approach can facilitate a more amicable consent process.
- Compliance with Regulations:
Ensure that your proposed alterations comply with local planning, building, and safety regulations. Obtaining necessary permits and approvals from local authorities demonstrates your commitment to adhering to legal standards, which can positively influence the landlord’s decision.
- Impact on Surrounding Tenants:
Evaluate how your alterations might affect neighbouring tenants. Will works cause disruptions, noise, or inconvenience? Discuss your plans with adjacent tenants and consider their feedback.
- Financial Implications:
Understand the financial implications of the alterations. Will you be responsible for covering all costs, or will the landlord share some of the expenses? A clear financial plan, including budget estimates, can help manage expectations and showcase your commitment to responsible execution.
- Documentation and Communication:
Landlord consents will usually be formally documented by a licence for alterations and we can assist you with the negotiation of this document.
Also seek to maintain thorough documentation throughout the consent-seeking process. Keep records of all correspondence, plans, approvals, and agreements between you and the landlord. Clear communication and transparency can prevent misunderstandings and serve as a reference point if disputes arise in the future.
- Professional Advice:
As well as seeking legal advice and depending on the nature of the alterations, engage professionals who specialise in commercial leases and alterations such as architects, engineers and building surveyors. Their expertise can guide you through legal requirements, building codes, and technical considerations, ensuring your proposed alterations are feasible and compliant.
If you are a tenant wishing to undertake alterations to your leased premises or entering into a new lease of a premises we can advise you on how to ensure arrangements are properly approached and legally documented.
Contact the BRM Real Estate Team:
Sheffield
Adele Walker
Tel: 0114 6987459
Email: adele.walker@brmlaw.co.uk
Chesterfield
Megan Craig
Tel: 01246 560588
Email: megan.craig@brmlaw.co.uk
