header-logo header-logo

22 October 2009 / Joseph Ollech
Issue: 7390 / Categories: Features , Property
printer mail-detail

Virtually no chance?

Joseph Ollech recounts some recent developments in the world of virtual assignments & alienation clauses

Alienation covenants are a common feature of both commercial and residential leases. They are key to a landlord’s ability to control the onward passage of the leasehold interest, whether it be by assignment or by sub-lease, by licence to part with or share possession, or via the creation of a trust structure.

Covenants by the tenant against alienation can take a variety of forms. For example, they may be absolute or conditional, or they can relate to the whole of the premises or to part. Typically the tenant covenants not to assign or sublet the premises which are the subject of the lease, without the consent of the landlord which is not to be unreasonably withheld.

When presented with a request to permit an assignment the landlord will have an opportunity to consider the credentials of the proposed new tenants, and in all likelihood to require his current tenant to enter into an authorised guarantee agreement (AGA) in accordance

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Fieldfisher—Will Sharp

Fieldfisher—Will Sharp

Fieldfisher boosts structured finance practice with appointment of Will Sharp

gunnercooke—Thomas Bjorn & Peter Rudd-Clarke

gunnercooke—Thomas Bjorn & Peter Rudd-Clarke

gunnercooke grows its life sciences team with new partner hires

Leonard Curtis Legal—Mark Maguire & Kane Jones

Leonard Curtis Legal—Mark Maguire & Kane Jones

Leonard Curtis Legal expands corporate team with twonew appointments

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
back-to-top-scroll