When a tenant wants to move on and pass their lease to someone else, they rarely have a free hand. Most leases require the landlord's consent to assign, and that single requirement shapes much of a property solicitor's day-to-day work — advising tenants who want out, landlords deciding whether to say yes, and getting deals across the line without exposing a client to forfeiture. Knowing exactly when consent can be withheld, how quickly a landlord must respond, and who stays liable afterwards is core practical knowledge.
What this lesson covers:
- Alienation Covenants and the Reasonableness Framework — the four types of covenant against assignment and how statute upgrades a qualified covenant into one requiring reasonable conduct.
- Grounds for Refusing Consent — what counts as a reasonable ground for refusal, and what crosses the line into unlawful discrimination.
- The Landlord's Statutory Duties on Application — the landlord's obligations to decide in time and give reasons, plus the tenant's remedies for delay or unreasonable refusal.
- Old Leases, New Leases and AGAs — how the 1996 divide affects ongoing tenant liability and when an Authorised Guarantee Agreement applies.
- Pre-Agreed Conditions and the Licence — how conditions can be fixed in advance and how the licence to assign is drawn up and executed.
- Assigning Without Consent — what happens if a tenant assigns in breach, and the prudent step to take first.