Use

Use

Is landlord's consent required?

Leases generally restrict the tenant’s use of the property to a specific purpose, whether described in writing or expressed by reference to planning use classes. Alternative uses may be:

•
prohibited
•
subject to landlord's consent (absolute discretion), or
•
subject to landlord's consent (not to be unreasonably withheld)

Unlike covenants against certain types of alienation or improvements without consent, in the case of a covenant against changing use without consent statute does not add a proviso that consent is not to be unreasonably withheld.

Section 19(3) of the Landlord and Tenant Act 1927 simply deems any such covenant (provided that the change of use does not involve any structural alteration of

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Latest Property Disputes News

Property Disputes weekly highlights—21 November 2024

This week's edition of Property Disputes weekly highlights includes: a Court of Appeal case on the court’s jurisdiction to vary a suspended possession order, Upper Tribunal decisions on the impact on limitation of non-payment of an application fee, and the reasonable repair assumption in determining rateable value, and a High Court case regarding adverse possession and trespass. It also includes the launch of the Law Commission’s consultation on the right to renew business tenancies under Part 2 of the Landlord and Tenant Act 1954, as well as the UK Judiciary’s release of the Senior President of Tribunals’ annual report for 2024.

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