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Alterations and Improvements

As a landlord leasing commercial premises, it is in your best interests to know what rights your tenant has to make alterations and/or improvements to the property.

Mark Oakley

Partner

Property Litigation

[email protected]

Dispute Resolution Specialists

Property Law Experts

Negotiating For You

Most commercial leases will contain a covenant preventing the tenant from making alterations without obtaining the landlord’s permission. However, under s19(2) of the Landlord and Tenant Act 1927 if your tenant proposes to make an alteration that can be deemed as an ‘improvement’ to the property, you cannot withhold consent unreasonably.

If you do decide to withhold consent, the onus is on the tenant to prove that you have done so unreasonably. Our property team will offer you clear, concise advice as to whether or not you have grounds to continue to withhold consent. As our client, our aim is to look after your best commercial interests, and our reputation demonstrates how seriously we take this responsibility.

Tenant Improvements and Compensation

It is also important to be aware whether or not you will be liable to pay compensation to the tenant at the end of the tenancy for any improvements. Our team of highly qualified, experienced property solicitors can advise you right at the beginning of a new tenancy what steps to take in order to protect your property and financial interests.

The Landlord and Tenant Act 1927 provides that a tenant can make improvements to a property and subsequently require their landlord to compensate them financially for such improvements on quitting their lease. Strict procedural guidelines and time limits apply. At Judge & Priestley, we will examine your tenant’s actions and determine if they have followed the required protocol. We will then help you work out whether or not you will be required to pay compensation to your outgoing tenant.

It is important to note that if your tenant serves notice of an intention to carry out improvements and you fail to lodge an objection, the tenant can apply to the court after completing the work, and have the improvements certified as ‘proper’ in order to make a future claim for compensation.

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