Alterations and improvements

Alterations

Leases usually restrict the tenant's right to alter the demised premises. The purpose of the covenant is to protect the landlord from the tenant effecting alterations and additions which damage their property interests. In the absence of a covenant, the tenant is free to alter the premises within the demise. But note that there may be implied covenants, such as those concerning waste (see Practice Note: Landlord and tenant implied repairing obligations and the doctrine of waste).

Tenant covenants in modern leases are usually far more extensive and will need to be reviewed carefully for their precise effect.

Alterations outside of the demised premises

In the absence of an express right for the tenant to do works outside of the premises, a landlord has complete freedom to refuse consent to alterations outside the demise. Any alterations undertaken without consent will constitute trespass. For information on trespass generally, see Practice Note: Trespass—claims and defences.

See Practice Note: Alterations outside the demise.

Absolute covenants

An absolute covenant (that is, one that completely prohibits alterations, with no provision for consent) is a

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