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What is a fully qualified Licence for Alterations covenant?

A fully qualified Licence for Alterations covenant is a lease clause that restricts alterations unless the landlord gives prior written consent, and adds an important safeguard for the leaseholder:

the landlord’s consent must not be unreasonably withheld (and often not unreasonably delayed).

So, while you still need a Licence for Alterations before carrying out certain works, the landlord cannot simply refuse on a whim. If the covenant is fully qualified, the landlord must have reasonable grounds for refusal and must deal with your application in a proper, fair way.

This type of covenant is common in residential leases and is generally viewed as more balanced, because it protects the building while also allowing leaseholders to improve their homes.


1) What makes it “fully qualified”?

A covenant becomes “fully qualified” when it includes wording along the lines of:

  • “The Tenant shall not make alterations without the prior written consent of the Landlord, such consent not to be unreasonably withheld.”
  • “Consent shall not be unreasonably refused.”
  • Sometimes also: “Consent shall not be unreasonably delayed.”

Why this matters

A standard (qualified) covenant says “no alterations without consent,” but may not control the landlord’s discretion. A fully qualified covenant introduces a reasonableness test. It shifts the conversation from:

  • “Will the landlord allow this?”
    to
  • “Is there a reasonable basis to refuse this?”

2) Fully qualified vs qualified vs absolute: the practical difference

Absolute covenant (strictest)

  • Alterations are prohibited outright.
  • The lease may not provide a consent route.
  • Landlord isn’t required to consider a request.

Qualified covenant (consent required)

  • You need consent, but the lease may not say how the landlord must behave.
  • Landlord discretion may be broader.

Fully qualified covenant (consent required + reasonableness)

  • You need consent and the landlord must act reasonably when deciding.
  • If they refuse, they should be able to justify it with sensible grounds related to the building, other residents, or legitimate management concerns.

This is usually the most “leaseholder-friendly” alterations clause you can have without being completely unrestricted.


3) What counts as “reasonable” in practice?

Reasonableness is fact-specific, but landlords typically have stronger grounds to refuse or impose conditions where your works could affect:

A) Structure and building integrity

  • removing or altering walls
  • forming openings
  • installing beams
  • affecting floors/ceilings in a way that changes structural behaviour

A landlord can reasonably require drawings, engineer input, and careful methods.

B) Fire safety and compartmentation

Works that affect:

  • ceilings, voids, service risers
  • party walls and penetrations
  • entrance doors and protected routes

A landlord can reasonably insist on compliant details and proper reinstatement (fire stopping evidence is a frequent requirement).

C) Sound insulation and nuisance

Hard flooring is a classic example. It’s often reasonable to require:

  • acoustic underlay
  • minimum performance standards
  • restrictions in bedrooms
  • sometimes testing

D) Services and water risk

Moving kitchens/bathrooms or altering drainage/ventilation can justify conditions because water escape affects other flats.

E) External appearance and envelope integrity

Windows, vents, flues, balcony alterations and anything visible externally are commonly controlled, and conditions can be reasonable to preserve uniform appearance and weather-tightness.

F) Management, maintenance and access

If your alterations would block access to communal services or create maintenance complexity, a landlord may have reasonable grounds to refuse or require changes.


4) What a landlord can reasonably require as conditions

Even with a fully qualified covenant, a landlord can still attach reasonable conditions to consent. Common conditions include:

  • detailed drawings/specification of the works
  • structural engineer design and/or confirmation (where relevant)
  • method statements (how the work will be carried out)
  • contractor competence and insurance evidence
  • restrictions on working hours, noise, dust management
  • protection of communal areas (lifts, stairs, corridors)
  • making good obligations and responsibility for damage
  • inspection rights before/during/after works
  • compliance with statutory approvals (building control, planning where needed)
  • reinstatement provisions in certain circumstances
  • acoustic requirements for flooring changes

The practical point is: fully qualified does not mean “automatic consent.” It means you’re entitled to a fair, properly justified decision.


5) Costs and professional fees: what to expect

Many leases allow the landlord to recover costs connected with granting consent. Even if consent can’t be unreasonably withheld, it’s common that the leaseholder pays:

  • landlord surveyor fees (reviewing proposals, inspections)
  • landlord legal fees (drafting the licence)
  • administration charges

These charges should be reasonable, and you should ask for clarity on what they cover and the basis of calculation.


6) What is a “Licence for Alterations” in this context?

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

  • description of permitted works (often tied to drawings)
  • conditions on workmanship, sequencing, working hours
  • insurance and indemnities
  • requirements to protect and make good
  • procedures if damage occurs
  • inspection rights
  • confirmation that works must not cause nuisance
  • confirmation that statutory approvals must be obtained

It is a key document for future sale and remortgage. Buyers’ solicitors often ask for it when significant works have been carried out.


7) What happens if the landlord refuses or delays unreasonably?

If the covenant is fully qualified, an unreasonable refusal or undue delay can be challenged, but the correct approach is usually:

  1. Ensure your application is complete and professional (so delay can’t be blamed on missing info)
  2. Ask for written reasons for any refusal
  3. Respond with adjustments or further evidence where appropriate
  4. If necessary, take legal advice on enforcement/next steps

In real life, many disputes are avoided simply by providing proper drawings, method statements, and contractor details upfront.


8) Practical tips to make consent more likely (and faster)

Submit a “decision-ready” pack

Include:

  • drawings/specification
  • method statement
  • insurance certificate
  • programme and working hours
  • structural engineer or acoustic details if relevant

Be realistic about risk controls

Landlords respond better when you show:

  • dust/noise control
  • protection of communal areas
  • clear responsibility for damage and making good

Allow time

Licence drafting can take weeks, especially if legal review is required.


The takeaway

A fully qualified Licence for Alterations covenant means you still need the landlord’s consent to alter—but the landlord must not withhold (or delay) consent unreasonably. It’s a balanced clause: it protects the building and other residents, while preventing arbitrary refusal. Success usually comes down to providing a well-prepared proposal and accepting reasonable conditions that manage risk.


Planning alterations to a leasehold property and unsure how your covenant affects you?

Email mail@howorth.uk or call 07794 400 212. Tell us what works you’re planning (layout changes, flooring, kitchen/bathroom moves, structural works) and the wording of your lease clause, and we’ll help you understand what consent is likely to involve, what information landlords usually require, and how to approach the process to avoid delays and disputes.