Deed of variation v licence to alter

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    Deed of variation v licence to alter

    I have noticed recently that the term "deed of variation" is being used a lot in the context of tenants wanting to make alterations.

    A deed of variation is something you use only if you want to change the terms of a lease permanently. It is not what is needed if all the landlord wants to do is consent to something which requires his consent or, if prohibited absolutely, he is prepared to allow. In that case what is needed is a licence to alter. A licence to alter only allows what it says it allows. It does not "create a precedent" or allow further action - see here: https://www.legislation.gov.uk/ukpga...20/section/143.

    Strictly, if the tenant does work without consent which needs it what is required is a deed of waiver - consent is not needed for something which has been done. However, a licence expressed to be in the form of (retrospective) consent will have the same effect.

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