Absolute vs qualified covenants against alteration — the LTA 1927 s.19(2) distinction
- Absolute covenant: prohibits all alterations regardless of consent — LTA 1927 s.19(2) does NOT apply; the landlord can refuse all alterations including minor improvements
- Qualified covenant: ‘no alterations without landlord’s consent’ — LTA 1927 s.19(2) implies that where the alteration is an improvement, consent cannot be unreasonably withheld
- The improvement distinction: s.19(2) applies only where the alteration is an improvement — installing insulation, adding a shower room, or replacing single-glazed windows are likely improvements; cosmetic painting may not be
- Reasonable conditions the landlord can impose: use of approved contractors; meeting specified standards; obtaining planning and building control approvals; reinstatement at tenancy end (where reasonable)
- Tenant’s remedy for unreasonable refusal: apply to the county court for a declaration that consent is unreasonably withheld — consent is then treated as given and the tenant can proceed without breach
Equality Act 2010 s.190 overrides the alteration covenant
Where the tenant or a person living with them has a disability and requests a relevant improvement, s.190 Equality Act 2010 prevents the landlord from unreasonably withholding consent regardless of whether the covenant is absolute or qualified. Financial cost alone is not a reasonable ground for refusal.
Disability adaptations — Equality Act 2010 s.190
- Scope of s.190: applies where the tenant (or a person residing with or visiting) has a disability and requests a relevant improvement — a change likely to facilitate the enjoyment of the dwelling by the disabled person
- Examples of relevant improvements: stairlift, widened doorways for wheelchair access, grab rails, level-access shower, visual or vibrating doorbell, accessible kitchen fittings
- Reasonable grounds for refusal: adaptation not reasonably practicable given the building’s physical characteristics; adaptation would cause substantial damage; listed building or planning consent cannot be obtained; financial cost alone is NOT a reasonable ground
- Conditions on consent: the landlord can require reinstatement at tenancy end only where reasonable — requiring reinstatement of permanently installed accessibility features from a long-term disabled tenant is likely unreasonable
- Minor disability improvements: portable ramps, handheld shower attachments — may not require consent at all as they do not constitute structural or permanent alterations
MEES and EPC improvement alterations
- MEES works as alterations: cavity wall insulation, loft insulation, heat pump installation, internal wall insulation involve physical alteration to the structure — landlord must give 24 hours’ written notice to obtain access
- Tenant’s obligation: the tenant cannot unreasonably refuse access for MEES improvement works — refusal may constitute a breach of the implied tenant-like use obligation
- Structural MEES works requiring cooperation: solar panels, heat pump external units, new double-glazed windows may require the tenant’s active cooperation; give reasonable notice and explain the EPC compliance purpose
- Quiet enjoyment during MEES works: noisy or prolonged works without reasonable notice or without providing temporary alternatives may give rise to a claim for damages — plan MEES works during void periods where possible
Tenant removal rights and reinstatement at tenancy end
- Common law right to remove tenant’s fixtures: a tenant can remove fixtures installed at their own expense provided removal does not cause substantial damage — light fittings, shelving, appliances can typically be removed; built-in kitchens or plastered partitions cannot
- Reinstatement obligations under the tenancy agreement: well-drafted ASTs require the tenant to return the property to its original condition at tenancy end — enforceable through deposit deduction or court claim; costs must be reasonable with no betterment
- Conditional consent — reinstatement: where the landlord granted consent on a reinstatement condition that condition is contractually enforceable even where the alteration added value to the property
- Disability adaptations — no reinstatement in most cases: requiring reinstatement of permanently installed disability adaptations from a long-term disabled tenant is likely unreasonable and may constitute indirect disability discrimination under the Equality Act