Summary
Contents
Subject index
This clear and accessible book covers all aspects of commercial leases, from receipt of instructions to termination. Fully up-to-date with all recent cases relating to the lease-licence distinction, Land Registry requirements, the recent changes to the Landlord and Tenant Act 1954 Pt II and the new regulations for the execution of deeds, its detailed explanation of the underlying principles of this complex area of the law - and their practical application - makes it a valuable text for all students taking undergraduate commercial property options, as well as those taking the LPC and the BVC.
Alienation
Alienation
11.1 Introduction
This chapter concerns the covenant in the lease which restricts the tenant's right to alienate the premises. A lease can be alienated, ie dealt with, in a variety of ways: assignment, subletting, mortgaging and any parting with possession. Any form of alienation may be described as a disposition, and the person disposing of the interest (whether by way of assignment, subletting or otherwise) is called the disponor and that taking the interest is the disponee. Parting with possession means parting with the possession granted by the lease and so would not include a licence as a licence does not confer possession: see 4.3.1 and 4.3.2 and see 11.7.
At common law, there is no restriction on a tenant's ability to alienate the premises. Landlords, ...
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