Solicitors Qualifying Examination (SQE) Practice Exa\

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What can happen regarding absolute covenants in a lease?

  1. The tenant cannot make alterations at all

  2. The landlord can deny consent for alterations

  3. The tenant has unlimited rights to alter the property

  4. Alterations can only be made if authorized by the tenants

The correct answer is: The landlord can deny consent for alterations

The correct answer focuses on the landlord's authority to deny consent for alterations within the context of absolute covenants in a lease. Absolute covenants typically impose strict obligations on the tenant regarding how the property can be used or modified. In such instances, the landlord retains the right to regulate any alterations made by the tenant, and this includes the ability to grant or withhold consent as they see fit. This reflects the principle of protecting the landlord's interests in maintaining the property's integrity and intended use, which is essential when there are absolute covenants in place. Thus, if alterations are proposed by the tenant, the landlord has the discretion to deny permission if it conflicts with the terms of the lease or the intended use of the property. Other options do not accurately represent the nature of absolute covenants: - It is not that the tenant has no rights to make alterations at all, but rather they require the landlord's consent. - The idea that the tenant has unlimited rights to alter the property contradicts the purpose of absolute covenants, which are meant to limit such autonomy. - Finally, stating that alterations can only be made if they are authorized by the tenants mischaracterizes the relationship, as it is the landlord's authorization that is necessary, not the tenant