When taking a lease of property forming part of a building or wider development owned by the landlord, careful consideration must be given to the location of both proposed fitting-out works and any subsequent works envisaged during the term of the lease.
Obtaining consent for works to be carried out within the extent of the property demised will be governed by the alterations provisions in the lease and the landlord will usually be obliged to act reasonably and without delay in response to a tenant's application for such consent.
This is not the case in respect of works that relate to areas outside of the extent of the property. Such works may comprise the installation of external air-conditioning and ventilation equipment, external communications lines and cabling, satellite dishes and external aerials/antennae and will usually be essential operational requirements to allow the property to be used as intended. Unless the lease makes specific provision allowing these works to be carried out, there will be no obligation for the landlord to permit them.
Therefore where it is envisaged that works will be required outside of the property demised, appropriate rights will need to be granted in the lease to allow the tenant to carry out such works and thereafter to operate, access and maintain any retained equipment. Provision should also be made to ensure that the landlord must act reasonably and without delay in relation to any consent required for such works.