Leases invariably impose restrictions on how a leaseholder can use and dispose of their property. Often conditional on consent from a landlord or management company being given, with such consent attracting a charge payable.
The three main categories of such restrictions or covenants relate to:
- ‘Alienation’: this includes covenants against selling, underletting or parting with possession of the whole or part of the premises
- ‘Alterations’: this includes covenants restricting any alterations or improvements of the premises demised to the leaseholder
- ‘User’: this includes covenants restricting the use of the premises, such as whether it can be used for non-residential purposes
How such covenants are worded differently in most Lease and each one can stipulate different requirements. For instance:
- the ability for a leaseholder to undertake alterations to their demised premise, with the landlord only consenting on him receiving all planning permissions and poof of compliance with building regulations.
- The sale or assignment of a lease can be conditional on the landlord receiving a copy of the transfer deed pursuant to which the conveyance took place
Generally, there is no prescribed form for how such consent is to be given (usually, other than it be in writing).
It is vital that landlords, management companies, RMC’s and Managing Agents are aware of the of the legal implications and wider issues which can arise from the giving of consents. At PDC Conveyancing, we can ease such burden through the following services:
- Drafting the licence or certificate of compliance
- Advising on compliance with the covenant(s)
- Pursuing breaches of licences
Our fee structure is completely transparent and are typically recoverable from the leaseholder.
We charge between £350 - £850 depending on the complexity of the of the licence and whether it is retrospective together with disbursements.
Should you wish to discuss these fees in greater detail, then please do not hesitate Dominic Cassidy (Business Development Manager): email@example.com