Whose consent
- The tenant – where works are inside the demise, or would disturb occupation
- A superior landlord – where you hold a leasehold interest yourself
- A lender – where the mortgage conditions restrict alterations
- The planning authority – where listed building consent or planning permission is refused
How to ask, so the refusal is usable
The evidence has to show a genuine, specific request and a genuine refusal. Four things make the difference:
- Put it in writing, and name the measure. "We propose to install X, at our cost, during Y, taking approximately Z weeks." Not "we are considering some energy works".
- Ask the right party, identified from the lease, and copy their agent.
- Ask for a decision and a date. Set a reasonable deadline and say what you will do if you do not hear.
- Get the refusal in writing. If it comes by phone, confirm it by email the same day and invite correction. An unanswered confirmation is far stronger evidence than a file note.
Conditional consent
Consent granted on unreasonable conditions can amount to refusal – a demand for a rent-free period, a payment, or works far beyond the measure. Record the condition and take advice on whether it is reasonable, since this is the point most likely to be tested.
Consent to alterations under the lease
Where the lease contains a qualified covenant against alterations, section 19(2) of the Landlord and Tenant Act 1927 implies that consent must not be unreasonably withheld – but that runs in the direction of a tenant seeking the landlord's consent, not the reverse. A landlord wanting access to a demise to carry out works generally needs either an express right in the lease or the tenant's agreement. Check the reservations before assuming a right of entry exists.
It does not transfer
A consent exemption is personal. It does not pass to a buyer, and it should be flagged in any sale as a liability rather than a protection. A purchaser has a six-month new-landlord exemption to establish their own position.
Find the certificate you already have
Search the Energy Performance of Buildings Register for your building. It is free, there is no sign-up, and it takes about ten seconds.
Common questions
Whose consent counts for the exemption?
A tenant, a superior landlord, a lender or mortgagee, or a planning authority – anyone whose consent you genuinely need and cannot lawfully proceed without.
What if the tenant simply does not reply?
Silence is not refusal. You need evidence that consent was sought properly and either refused, or granted on conditions you could not reasonably comply with.
Does the exemption transfer if I sell?
No. Consent exemptions are personal to the landlord and do not pass with the property. A buyer must establish their own position – see the six-month new-landlord exemption.