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What is a qualified Licence for Alterations covenant?

A qualified Licence for Alterations covenant is a clause (usually in a lease) that allows alterations—but only if you obtain the landlord’s prior written consent. In other words, alterations aren’t banned outright, but they are controlled.

This is the most common type of “alterations covenant” in residential leases for flats and maisonettes, because it gives the landlord a way to manage risk while still allowing leaseholders to modernise and improve their homes.

A qualified covenant typically works like this:

You can do the works, but you must ask first, follow the process, and comply with any conditions set out in the licence.

(General guidance only, not legal advice. Lease wording varies and your solicitor should review your specific clause.)


1) What makes the covenant “qualified”?

A covenant is generally “qualified” when it contains language like:

  • “The Tenant shall not make any alterationswithout the prior written consent of the Landlord.”
  • “No alterations are to be carried out save with the Landlord’s consent.”
  • “The Tenant must not cut, maim, injure, or alter… without consent.”

The defining feature is the phrase “without consent” (or similar), which creates a permission route via a Licence for Alterations.

The key point

A qualified covenant gives you a mechanism to obtain consent, but it does not automatically limit the landlord’s discretion unless the covenant is fully qualified (see below).


2) Qualified vs fully qualified: a subtle but important difference

A lot of leaseholders assume “consent” means the landlord must be reasonable. That’s not always true.

Qualified covenant

  • You need consent.
  • The lease may not say anything about reasonableness.
  • The landlord may have broad discretion to say yes or no (subject to the lease terms and general legal principles).

Fully qualified covenant

  • You need consent, and the clause adds wording such as:
    “consent not to be unreasonably withheld” (or delayed).

That extra phrase can materially improve your position, because it creates a standard the landlord must meet if they refuse or impose conditions.

So: qualified = consent required; fully qualified = consent required and must be handled reasonably.


3) Why qualified covenants exist

Qualified covenants are there to protect the building and other occupiers. In a leasehold block, your “internal” works can affect:

  • the structure and load paths
  • fire safety (compartmentation, fire stopping, protected routes)
  • sound insulation between flats
  • services (soil stacks, ventilation routes, communal risers)
  • water-tightness and water escape risk
  • the landlord’s ability to repair and maintain the building

Requiring consent is the landlord’s way of ensuring alterations are assessed and controlled.


4) What works usually trigger a qualified covenant?

The exact scope depends on the lease wording, but commonly controlled works include:

Structural and layout works (almost always)

  • removing or altering walls
  • forming openings
  • installing beams/RSJs
  • structural alterations to floors/ceilings

Kitchen and bathroom alterations (often, especially if relocating)

  • moving drainage routes
  • altering ventilation ducting
  • changing locations of wet rooms
  • anything affecting soil stacks or communal pipework

Flooring changes (very common in flats)

Many leases restrict hard flooring due to noise. Landlords may require:

  • acoustic underlay specifications
  • sound test evidence
  • restrictions on certain finishes
  • carpet requirements in bedrooms

Electrical and mechanical changes (sometimes)

  • significant rewires
  • changes to heating systems where communal systems are involved
  • alterations affecting communal risers

External changes or anything visible from outside

  • windows and doors
  • vents, flues, grilles
  • satellite dishes
  • balcony enclosures

Even seemingly minor works can trigger the covenant if they affect the building envelope or other residents.


5) What is a Licence for Alterations in this context?

A Licence for Alterations is the formal document that records the landlord’s consent and sets conditions. It usually includes:

  • a description of the permitted works (often referencing drawings/specs)
  • conditions on how work must be carried out (methods, hours, noise control)
  • insurance requirements (contractor public liability, sometimes additional cover)
  • requirements for approvals (building control, structural engineer input, etc.)
  • access and inspection rights for the landlord/managing agent
  • making-good obligations and responsibility for damage
  • a requirement to comply with statutory obligations and not cause nuisance
  • sometimes reinstatement provisions (if required at lease end)

Once signed, the licence becomes a key document for your records and future sale.


6) The practical process: how consent is typically obtained

While every landlord/managing agent is different, the process often looks like this:

  1. Identify the covenant and your proposed works (read the lease carefully)
  2. Submit an application with:
    • drawings/specification
    • method statement
    • contractor details and insurance
    • professional input (structural engineer, acoustic details) if relevant
  3. The landlord appoints (or requests) a surveyor/legal adviser to review
  4. Conditions are agreed and the licence is drafted
  5. You pay the landlord’s reasonable costs (often your responsibility under the lease)
  6. The licence is completed (signed) before works begin
  7. Works proceed under the agreed conditions
  8. Final sign-off/inspection (sometimes)

7) What happens if you don’t get consent?

Carrying out works without a licence can create major problems:

Breach of lease

  • landlord can require you to stop work and/or reinstate
  • legal costs can escalate quickly

Sale and remortgage complications

Buyers’ solicitors commonly ask for licences for alterations. Without them:

  • sales can be delayed
  • buyers may renegotiate or walk away
  • you may be pushed toward retrospective consent (often expensive)
  • indemnity insurance may be discussed (not always acceptable)

Insurance and liability risk

If something goes wrong (water escape, fire stopping compromised, structural issue), lack of consent can complicate claims and liability discussions.


8) How to get the best outcome (practical tips)

Engage early

Don’t wait until contractors are booked. Landlord processes can take time, especially if legal drafting is involved.

Be clear and professional in the submission

A good application is:

  • detailed but concise
  • supported by drawings and method statements
  • backed by contractor insurance evidence

This reduces delays and objections.

Expect fees

It’s common for leaseholders to pay:

  • landlord surveyor fees
  • landlord legal fees
  • admin fees
    Budget for these from the start.

Keep the paperwork

A signed licence can be just as important as the workmanship itself when you sell later.


The takeaway

A qualified Licence for Alterations covenant is a lease clause that permits alterations only with the landlord’s prior written consent. It’s the mechanism that triggers the need for a Licence for Alterations, allowing the landlord to control risk and set conditions to protect the building and other residents. If you plan works in a leasehold property, understanding and complying with this covenant is essential to avoid disputes, delays, and saleability problems later.


Planning alterations to a leasehold flat and unsure whether you need a licence?

Email mail@howorth.uk or call 07794 400 212. Tell us what you’re planning (layout changes, flooring, kitchen/bathroom works) and what your lease clause says, and we’ll help you understand the practical implications, what information landlords typically require, and how to approach the process to minimise delays.