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The freeholder of a commercial building (‘the Landlord’) granted a lease of the whole building to a tenant.
The tenant is concerned that the building does not benefit from enough natural light and now wishes to create two new apertures in an external wall of the building to accommodate windows.
The tenant is seeking the consent of the Landlord to make these alterations.
The alterations covenant in the lease is as follows:
“The Tenant may not make alterations to the Building save for non-structural alterations.”
Can the Landlord withhold consent to the tenant’s proposed alterations without giving reasons?
A. Yes, because the Landlord retains ownership of the external walls.
B. Yes, because there is an absolute prohibition against structural alterations.
C. No, because a proviso that Landlord’s consent is not to be unreasonably withheld is implied into all absolute prohibitions on all alterations.
D. No, because a proviso that Landlord’s consent is not to be unreasonably withheld is implied into absolute prohibitions on structural alterations.
E. No, because the proposed alterations are non-structural.
B - Yes, because there is an absolute prohibition against structural alterations.
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