You should ensure that the lease allows you to sublet the property. There may be a pre-condition that you must obtain consent from your landlord or some other party before subletting. This means that you cannot sublet without first obtaining consent. Such consent should not be unreasonably withheld. If your lease does not allow you to sublet you will need to ask your landlord if they are willing to waive this restriction.
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It is usually the case that there will be a provision in leases in relation to any changes (alterations) to a leasehold property. There can be two types of clauses in the lease.
First type of clause may be one that allows you to make any changes. If the lease allows you to make any alterations, there may be a pre-condition that you must obtain consent from your landlord or some other party before proceeding with any works. This means that you cannot carry out the works without first obtaining consent. Consent should not be unreasonably withheld if the alteration is an improvement.
Or the lease can have a clause to prohibit any changes to be made to the property at all even if you ask for consent from the landlord. If your lease does not allow you to carry out alterations you will need to ask your landlord if they are willing to change (vary) the lease and remove this restriction.
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If you change the physical layout of the flat the original lease plans will not correspond to the actual layout of the flat and so the lease will need to be varied. A deed of variation in this instance would normally take the form of an amended plan which is registered at the Land Registry. If you do not obtain a deed of variation you may experience problems when you decide to sell the flat.
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You will need to refer to the terms of your lease to see if it requires you to get consent or prevents you from cutting down the tree. Even if the front garden is demised to you under your lease you may still require consent or be prevent from cutting down the tree.
In addition to the lease, the tree could be protected by a Tree Preservation Order (TPO). You may wish to speak to your Local Council or a specialist organisation such as Planning Aid regarding this.
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No. the granting of planning consent and building regulations consent does not mean the landlord has automatically granted consent required under the lease. You should apply to the landlord for separate consent under the lease.
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