Alienation covenant - Revision history

Designing Buildings at 08:14, 18 December 2020

2020-12-18T08:14:30Z

← Older revision		Revision as of 08:14, 18 December 2020
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	According to the Landlord and Tenant Act 1927, where the alienation covenant provides that the tenant cannot alienate the land without consent, the landlord must not unreasonably withhold or delay their consent.		According to the Landlord and Tenant Act 1927, where the alienation covenant provides that the tenant cannot alienate the land without consent, the landlord must not unreasonably withhold or delay their consent.

−	~~= Find out more =~~	+	= Related articles on Designing Buildings Wiki =
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−	=== Related articles on Designing Buildings Wiki ===	+

	* Assignment.		* Assignment.
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	* Tenant.		* Tenant.

−	[[Category:Property_law]] [[Category:Contracts_/_payment]]	+	[[Category:DCN_Definition]] [[Category:DCN_Legislation]] [[Category:DCN_Policy]] [[Category:Property_law]] [[Category:Contracts_/_payment]]

Designing Buildings at 15:31, 5 March 2018

2018-03-05T15:31:27Z

← Older revision		Revision as of 15:31, 5 March 2018
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	An alienation covenant deals with the transfer of property from one party to another. It is a covenant in a lease which determines whether a tenant can ‘alienate’ the land. This refers to the tenant’s ability to do the following:		An alienation covenant deals with the transfer of property from one party to another. It is a covenant in a lease which determines whether a tenant can ‘alienate’ the land. This refers to the tenant’s ability to do the following:

−	* ~~Transfer~~ the lease ~~(assignment)~~.	+	* Assigning the lease to another party.
−	* ~~Underlet the property (underletting~~ or sub-letting).	+	* Underletting or sub-letting the property.
−	* ~~Share~~ occupation of the property ~~(sharing occupation)~~.	+	* Sharing occupation of the property.

−	~~In commercial property, a tenant who wishes to dispose of their interest will assign their lease. They will~~ be ~~free to do what they like with the assignment~~, ~~providing that the lease contains no alienation covenant, although in practice this is very rare. The provisions~~ may ~~state that the tenant is only able~~ to ~~assign part of the property, i.e. one or more floors of an office building~~.	+	Alienation may be permitted, it may be prohibited or it may be permitted subject to certain conditions.

	According to the Landlord and Tenant Act 1927, where the alienation covenant provides that the tenant cannot alienate the land without consent, the landlord must not unreasonably withhold or delay their consent.		According to the Landlord and Tenant Act 1927, where the alienation covenant provides that the tenant cannot alienate the land without consent, the landlord must not unreasonably withhold or delay their consent.
−
−	Further, the Landlord and Tenant Act 1988 holds that where the landlord is not to unreasonably withhold their consent, once a written application for consent is made by a tenant, the landlord has a duty imposed on them to provide their consent (unless it is unreasonable not to).

	= Find out more =		= Find out more =

Designing Buildings at 15:25, 5 March 2018

2018-03-05T15:25:51Z

← Older revision		Revision as of 15:25, 5 March 2018
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	* Share occupation of the property (sharing occupation).		* Share occupation of the property (sharing occupation).

−	~~With~~ commercial property, a tenant who wishes to dispose of their interest will ~~need to~~ assign their lease. They will be free to do what they like with the assignment, providing that the lease contains no alienation covenant, although in practice this is very rare. The provisions may state that the tenant is only able to assign part of the property, i.e. one or more floors of an office building.	+	In commercial property, a tenant who wishes to dispose of their interest will assign their lease. They will be free to do what they like with the assignment, providing that the lease contains no alienation covenant, although in practice this is very rare. The provisions may state that the tenant is only able to assign part of the property, i.e. one or more floors of an office building.

−	According to the Landlord and Tenant Act 1927, where the alienation covenant provides that the tenant cannot alienate the land without consent, ~~it is implied that~~ the landlord ~~will~~ not unreasonably withhold or delay their consent.	+	According to the Landlord and Tenant Act 1927, where the alienation covenant provides that the tenant cannot alienate the land without consent, the landlord must not unreasonably withhold or delay their consent.

	Further, the Landlord and Tenant Act 1988 holds that where the landlord is not to unreasonably withhold their consent, once a written application for consent is made by a tenant, the landlord has a duty imposed on them to provide their consent (unless it is unreasonable not to).		Further, the Landlord and Tenant Act 1988 holds that where the landlord is not to unreasonably withhold their consent, once a written application for consent is made by a tenant, the landlord has a duty imposed on them to provide their consent (unless it is unreasonable not to).

Editor: Created page with "An alienation covenant deals with the transfer of property from one party to another. It is a covenant in a lease which determines whether a tenant can ‘alienate’ the land. T..."

2018-02-27T17:41:09Z

Created page with "An alienation covenant deals with the transfer of property from one party to another. It is a covenant in a lease which determines whether a tenant can ‘alienate’ the land. T..."

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An alienation covenant deals with the transfer of property from one party to another. It is a covenant in a lease which determines whether a tenant can ‘alienate’ the land. This refers to the tenant’s ability to do the following:

* Transfer the lease (assignment).
* Underlet the property (underletting or sub-letting).
* Share occupation of the property (sharing occupation).

With commercial property, a tenant who wishes to dispose of their interest will need to assign their lease. They will be free to do what they like with the assignment, providing that the lease contains no alienation covenant, although in practice this is very rare. The provisions may state that the tenant is only able to assign part of the property, i.e. one or more floors of an office building.

According to the Landlord and Tenant Act 1927, where the alienation covenant provides that the tenant cannot alienate the land without consent, it is implied that the landlord will not unreasonably withhold or delay their consent.

Further, the Landlord and Tenant Act 1988 holds that where the landlord is not to unreasonably withhold their consent, once a written application for consent is made by a tenant, the landlord has a duty imposed on them to provide their consent (unless it is unreasonable not to).

= Find out more =

=== Related articles on Designing Buildings Wiki ===

* Assignment.
* Breach of contract.
* Difference between assignment and novation.
* Leasehold covenants.
* Privity of contract.
* Proprietary information.
* Restrictions on assignment.
* Tenant.

[[Category:Property_law]] [[Category:Contracts_/_payment]]