We will always try to achieve a joint instruction, acting impartially for both you and the freeholder.

If this is refused, you would usually be liable for the freeholder’s reasonable legal and surveyor costs, which are typically around £2,000 plus VAT.

We would advise budgeting for this from the outset.

A fully qualified covenant is the most favourable type of covenant for a leaseholder.

It means that you are likely to be able to obtain the freeholder’s consent, with that consent not to be unreasonably withheld.

A qualified covenant will prohibit a leaseholder’s proposed alterations unless the freeholder has provided consent.

This consent does not have to be given automatically and may be subject to the freeholder’s discretion. Freeholders can also charge reasonable costs in connection with providing consent.

An absolute covenant is fully prohibitive. This means that you are only likely to obtain a licence for alterations if the freeholder is specifically willing to waive or vary the alteration clause.

In this situation, we would advise sending your lease and proposed work drawings to our surveyors so that accurate advice can be provided.

In order to gain the most accurate quote, we’d advise checking your lease to understand the alterations covenant. We’ll still provide a quote, however it will be subject to surveyor agreement.

The leaseholder undertaking the works is responsible for freeholder costs.

A fully qualified covenant is the most facilitating covenant and means that the leaseholder undertaking the works should be given your consent for the works, with that consent not being unreasonably withheld.

This essentially means that providing the correct Licence for Alterations procedures are followed, the leaseholder should be granted permission to proceed with the proposed works.

A qualified covenant will prohibit proposed alterations, except in a situation where you provide the leaseholder with your consent. It is worth noting that this consent doesn’t need to be given and is at your discretion.

You’re also within your rights to request “licence premium” or “permission fee” for the consent. This essentially means the leaseholder undertaking the works is required to pay for the works consent.

An absolute covenant is fully prohibitive and ultimately means the leaseholder is only able to get the Licence for Alterations consent if you’re specifically agreeable to waiving the lease’s alteration clause in its entirety. You aren’t required to waive this and can refuse the works request.

In order to gain the most accurate quote, we’d advise checking the lease to understand the alterations covenant. We’ll still provide a quote, however it will be subject to surveyor agreement.