An absolute Licence for Alterations covenant is the strictest form of alterations restriction you’ll find in a lease. It is a covenant that prohibits alterations outright — meaning the lease does not give the tenant/leaseholder a contractual right to carry out alterations, even with consent.
In other words, it’s not “you can alter if you obtain a licence.” It’s closer to:
“You must not alter the premises at all.”
That distinction is crucial because it affects:
- whether you have a right to request consent,
- whether the landlord has to consider your request, and
- how risky it is to proceed without formal agreement.
1) What makes a covenant “absolute”?
A covenant is generally considered absolute when it forbids alterations and contains no wording that allows consent.
Typical absolute wording
You may see clauses along the lines of:
- “The Tenant shall not make any alterations to the Demised Premises.”
- “The Tenant shall not cut, maim, injure or alter any part of the structure.”
- “No alterations or additions shall be made.”
What you won’t see in an absolute covenant
An absolute covenant usually does not include phrases such as:
- “without the Landlord’s consent”
- “with the prior written consent of the Landlord”
- “such consent not to be unreasonably withheld”
If there’s no consent mechanism, the lease is not setting up a “licence process” as a right—it’s setting up a prohibition.
2) Absolute vs qualified vs fully qualified covenants (the practical difference)
Understanding the type of covenant is key, because each one changes your position:
A) Absolute covenant (strictest)
- No alterations permitted under the lease terms.
- Landlord is not contractually required to consider a request.
- If the landlord does agree, it’s usually through a separate written agreement/licence granted purely at their discretion.
B) Qualified covenant (most common in residential leases)
- “No alterations without consent.”
- You can request consent.
- Landlord can grant or refuse, and the lease wording determines how wide that discretion is.
C) Fully qualified covenant (more protective for the leaseholder)
- “No alterations without consent, not to be unreasonably withheld.”
- You can request consent and the landlord must behave reasonably when considering it (subject to the lease wording and circumstances).
With an absolute covenant, your bargaining position is usually weaker because the lease doesn’t require the landlord to play ball.
3) Why do absolute alteration covenants exist?
Landlords and freeholders use strict clauses to protect:
Building integrity and structural safety
In blocks of flats, “internal” changes can affect:
- load paths and structure
- fire separation and compartmentation
- sound insulation between dwellings
- services routes (soil stacks, risers, ventilation)
Consistency and long-term management
Landlords may want control over:
- layout changes that affect maintenance access
- penetrations through walls/floors
- changes that complicate insurance or future repair obligations
Risk, cost and nuisance to other residents
Alterations can create disruption, damage risk, and disputes. Strict wording gives the landlord a strong legal position if something goes wrong.
4) Does “absolute” mean you can never alter?
Not necessarily — but it does mean you cannot rely on the lease itself as permission, and you should not assume a formal “application process” exists as of right.
In practice, there are three common outcomes:
A) The landlord refuses outright
This is possible, and in many cases they are entitled to do so under an absolute covenant.
B) The landlord agrees, but on strict conditions
Some landlords will grant a separate written licence/consent despite the absolute wording. If they do, expect conditions such as:
- full drawings and specifications
- structural engineer design (where relevant)
- contractor method statements
- proof of insurance
- limitations on working hours
- making good obligations and liability for damage
- landlord inspection rights
- payment of the landlord’s legal and surveyor fees
C) The landlord agrees only to certain “non-structural” works
Sometimes landlords will tolerate minor works (e.g., redecoration) even under strict clauses. But you should never assume this—some leases even restrict redecoration, flooring changes, or fixings.
The key point: any permission is discretionary and should be clearly documented.
5) What types of works are most affected?
Absolute covenants can cover a wide range of works, depending on wording. Common “trigger” works include:
Structural or layout changes
- removing or altering walls
- forming new openings
- installing steels
- altering ceilings/floors where it affects structure or fire performance
Services and wet area changes
- moving kitchens/bathrooms (drainage and waterproofing risk)
- altering ventilation routes
- works affecting risers or communal pipework
Flooring changes (often overlooked)
Many leases restrict hard flooring because of noise transfer. Even with a qualified covenant, landlords often require acoustic measures; with an absolute covenant, consent may be more difficult.
Anything affecting external appearance
- windows and doors
- vents and flues
- external penetrations
6) What are the risks of breaching an absolute covenant?
Proceeding without agreement can create significant problems:
A) Breach of lease and enforcement
- landlord can require reinstatement
- legal action and costs can follow
- in extreme cases, persistent breach disputes can escalate significantly
B) Sale and remortgage complications
When you sell or remortgage, solicitors often ask for:
- evidence of consent/licences for alterations
- building control sign-off where applicable
If you can’t produce it, you may face: - delays
- buyer renegotiation
- demands for indemnity insurance (not always available or acceptable)
- refusal by some buyers/lenders
C) Insurance and liability headaches
If a defect occurs (water escape, fire stopping compromised, structural issues), the absence of formal consent can complicate:
- liability arguments
- insurance discussions
- recovery of costs
7) What should you do if your lease has an absolute covenant and you want to alter?
Step 1: Get the lease wording reviewed
The detail matters. Some clauses look “absolute” but have carve-outs (e.g., “internal non-structural alterations” or “with consent” in another paragraph).
Step 2: Speak to the managing agent/freeholder early
Ask what their practice is and what they’ll require if they are willing to consider consent.
Step 3: Prepare a proper proposal
If the landlord is open to it, give them confidence:
- clear drawings/specifications
- method statements
- contractor competence and insurance evidence
- structural engineer details if relevant
Step 4: Budget for landlord fees
It’s common that the leaseholder pays the landlord’s:
- surveyor fees
- legal fees
- admin fees
This can be significant and should be factored into your project cost.
8) Common misunderstandings
“If I can get building regs, I’m allowed to do it.”
Building control approval does not override your lease obligations.
“It’s inside my flat, so it’s my choice.”
In leasehold property, internal works can still affect the building and other flats—leases often control that.
“Everyone else did it.”
Past breaches do not automatically create permission for yours, and enforcement often happens when disputes arise or on sale.
The takeaway
An absolute Licence for Alterations covenant is a lease clause that prohibits alterations outright and does not provide a built-in consent mechanism. You may still be able to obtain permission, but it’s typically at the landlord’s discretion, usually subject to strict conditions and fees. Because the risks of breach can be serious, it’s essential to clarify the position before doing any works.
Need help understanding your lease clause and what it means for your planned works?
Email mail@howorth.uk or call 07794 400 212. Tell us what alterations you’re considering (layout changes, flooring, kitchen/bathroom moves, structural works) and what your lease clause says, and we’ll help you understand the practical implications and the best way to approach the freeholder/managing agent.
