Alterations to Leased Property

[james88]

Hello there,

I've got a leased property (150 yrs left) that I let out. It's on the ground floor and has a very high ceiling. I'm thinking of having plans for a mezzanine floor drawn up but realise that I will need to get permission from the freeholder. Before I go to the expense of getting plans drawn up I wanted to know what kind of power the freeholder has to refuse permission (since it says in the lease that permission has to be given for any major alterations)?

Assuming that the work is approved by a structural engineer is it the case that the freeholder has to give permission? Would it be a good idea to get in contact with the freeholder first to sound out the idea? - Sorry, I'm a bit new to all this.

Thanks, James

[jeffrey]

Freeholder is never under absolute obligation to consent- or why would the requirement ever appear?
Please quote the exact wording of the 'consent' covenant.

[james88]

The lease says that no alterations or additions may be made 'without first having made a written application (accompanied by all relevant plans and specifications) in respect thereof to the Lessor and secondly having received the written consent of the Lessor thereto.'

I imagine that kind of clause appears fairly regularly and I just wanted to know whether it's common practice to sound out ideas with the freeholder first before actually going to the expense of drawing up detailed plans?

[jeffrey]

The lease says that no alterations or additions may be made 'without first having made a written application (accompanied by all relevant plans and specifications) in respect thereof to the Lessor and secondly having received the written consent of the Lessor thereto.'

I imagine that kind of clause appears fairly regularly and I just wanted to know whether it's common practice to sound out ideas with the freeholder first before actually going to the expense of drawing up detailed plans?
Even if it does not go on to say "such consent not to be unreasonably delayed or witheld", these words may be implied in some cases.
See s.19 of LTA 1927.