Landlord and Tenant covenant not to assign

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Misbah Shahid - 07029472                Land Law (Year 2)

In this assessment I will be discussing under what circumstances Landlords are entitled to refuse their consent to Tenants to assign, sublet or otherwise part with possession of the demised premises without the Landlord’s consent, referring to relevant Statutory and Case law authority in deciding/concluding if a balance has been struck between the Landlord and Tenant relationship interest in this context.

Covenants are the promises made in the lease by the landlord and tenant which govern their legal relationship and the use of the property. Their covenants oblige them to do certain things and to refrain from doing certain things.

In formal leases, the parties’ mutual rights obligations are defined by express covenants. Most rights and obligations are fixed by express covenants. In such leases the express covenants will cover a wide range of obligations, including rent, insurance, repair, assignment and subletting etc.

It is common for both the landlord and tenant to sell and transfer ‘assign’ their interests. Assignment is when the tenant will sell his lease to the new tenant along with all his obligations. Subletting on the other hand is when the tenant will a new tenant but still be obliged under his obligations.  Clearly doing so will have implications for the landlord whom

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         Covenants restricting assignment and subletting are covenants by the tenant (also known as covenants ‘restricting alienation’) and are commonly included in leases so that the landlord can keep control over what happens to the property. Th ell will be very worried ifit appears that the assignee cannit afford the rent. Clearly having doing so will have implications on the property nad know who the tenant is if he will be able to fulfil the obligations.

        Covenants restricting alienation can be absolute, whereby the tenant cannot part with possession if the landlord insists on enforcing the covenant or qualified in ...

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