not to assign underlet or part with possession

2. b) Alterations. Smith', (1926) 1-K.B. Duty to give consent Are Landlord entitled to damages for breach of lease ... If this restriction appears, you are not allowed to sublet anything less than the whole flat, for example, you cannot just let a bedroom. Ø A Lease will often contain restrictions on the Tenant's ability to dispose of his lease early i.e. Not to assign, underlet, or part with possession of the plot or any part thereof and to ensure that the plot is cultivated only by the plot holder. Remove Advertising. 20. i. 2.8 Not to assign underlet or part with the possession of part only of the Demised Premises. Then covenant (m): "Not to assign, underlet or part with or share possession or occupation of part only of the premises." 4. If this restriction appears, you are not allowed to sublet anything less than the whole flat, for example, you cannot just let a bedroom. In all leases containing a covenant, condition, or agreement that the lessee shall not, without the licence or consent of the lessor, assign, underlet, part with the possession, or dispose of the demised premises or any part thereof, such covenant, condition, or agreement shall, unless the . 4. g) Not to assign, underlet or part with possession of the demised premises without the written consent of the Landlord, such consent not being unreasonably withheld The lease may ban subletting only part of the flat. 'Not to assign, underlet, charge or part with possession of the whole of the Premises without the previous written consent of the Landlord such consent subject hereinafter provided not to be unreasonably withheld provided always:-' however, the landlord rejected the request to sublet the spare bedroom with reason being bad past experience with two student sharing the flat. The lease must be for more than 40 years and the assignment, underletting etc must take place more . []. The terms of the lease state under Section 5.8.3;"Not to underlet the whole of the Premises without obtaining the written consent of the Company (which shall not be unreasonably withheld and which shall be deemed to be given in respect of any shorthold lettings of six months (unless there has been a breach or alleged breach of any of the Tenant's covenants during the previous twelve months . Most Leases will contain a restriction on subletting or underletting, this is to give the Landlord some control over who is occupying the property. Your Index Map Search result shows that the freehold is registered under Title No. These four words or any part thereof are of the utmost importance in determining whether or not a breach of the covenant has been committed, since a covenant not to assign, underlet, or part with the possession of the demised premises will, so long as the lessee remains in possession, permit another person to use the demised premises without . 1. • Lessee covenanted "Not to assign underlet or part with the possession of part only of the Demised Premises" and "Not to use the Demised Premises or permit them to be used for any illegal or immoral purpose or for any purpose whatsoever other than as a private residence" • Upper Tribunal held that in order for a property to be used as Sample 1. Types of covenant • Three types: - Absolute: e.g. The alienation provisions in your lease will set out whether or not you can assign or underlet the premises, and any conditions attached to such rights. 3.23 Not to hang any pictures or fix anything to the premises without the Landlord's consent. Sub-clause 1 of clause 2.10(1) in Bermondsey Exchange Freeholders was in the following terms: "Not at any time to assign, sub-let or part with possession of part only of the Demised Premises." This phrasing relates to use of "part only" of the premises. (Alienation) Not at any time during the said term to assign, underlet or part with possession of part only of the demised premises. (e) Not to assign, underlet or part with possession of the said premises or any. 3.24 Not to block any air vents and to keep all ventilation ducts clean and free from obstruction. Victoria Street (No3) Ltd (L) is the landlord. Are we to understand that in this case an unscrupulous freeholder can demand an extortionate fee for a Deed of Variation for permission to sell the premises? Ø Where a tenant seeks to assign his lease, he will enter into an SCPC contract because it will be a sale of a commercial property. Not assign, underlet or part with or share possession of the whole or any part of the Property without the permission of the Landlord, such permission not to be unreasonably withheld. . 'Not to assign sublet or part with possession of part only of the demised premises'. No occupier (other than the Tenant) shall be granted any tenancy That lease contains a covenant not to assign, or otherwise transfer underlet or part with or share possession or occupation without consent of the landlord (not to be unreasonably withheld). If the lease includes a covenant by the tenant not to assign, underlet, charge or part with possession without the consent of the landlord or another person then it is implied that the consent is not to be unreasonably withheld or delayed. Not to alter or demolish any building or structure erected on the Premises without the prior consent in writing of the Director. 2.8 - Not to assign underlet or part with the possession of part only of the Demised Premises. Not at any time to assign underlet or part with possession of the demised premises except as a whole 198 (C). 2.11 - At all times after the date of this Lease to observe and perform any restrictions covenants conditions and stipulations contained or referred to in Part III of the Schedule." "Not to use the Apartment or any part thereof nor permit or suffer the same to be used otherwise than as a single private residence for the occupation of one family only." "3.15.1 Not to assign charge underlet or part with or share possession of part only of the Apartment Not to erect, install or alter any fixture, partitioning, erection or installation in the property without the previous written consent of the landlord. 'Not to assign sublet or part with possession of part only of the demised premises'. 1. In that case, the lessee had covenanted with his lessor that he would not assign or underlet or part with possession of the demised premises or any part thereof. (f) Not to do or permit or suffer to be done on the demised premises any act or (d) To make use of the demised premises for office and accommodation only. Tenant, for itself, its heirs, distributees, executors, administrators, legal representatives, successors and assigns, expressly covenants that it shall not assign, mortgage or encumber this agreement, nor underlet, or suffer or permit the demised premises or any part thereof to be used by others, without the prior written consent of Owner in . An assignment transfers the benefit of the lease from you to the incoming tenant (the assignee). g. f. Not to assign, underlet or otherwise part with the possession of the property or any part of it in any way howsoever. However, consent cannot usually be made subject to certain conditions where those conditions will enhance the landlord's rights under the lease even where there is a contractual provision in . Landlord and Tenant Act 1988, s 1 (3) Landlord and Tenant Act 1927, s 19 (1) (a) Qualified covenants in certain building leases are of no effect and the tenant may assign, underlet, charge or part with possession of the property without consent. Not to underlet or part with or share possession of the whole of the demised premises without the prior written consent of the landlord, such consent not to be unreasonably withheld. The majority of covenants in leases relating to a tenant's ability to assign or underlet will also restrict parting with possession or sharing occupation of the premises demised by the lease. It is very unusual to have a commercial lease which gives the tenant free reign to assign, underlet, charge or part with possession of its lease, without first getting the consent of its landlord. Not to make any alterations or additions to the demised premises". e. Not to cut, maim, injure any part of the property. underlet charge mortgage or part with possession of part only of the Premises and not to assign underlet otherwise than by way of mortgage or part with possession of the whole of the Premises otherwise than as permitted pursuant to the provisions of Paragraphs (b) (c) and (d) of this Clause 8.1.1 Not to assign transfer underlet or part with possession of any part of the Demised Premises (as distinct from the whole) in any way whatsoever 8.1.2 Not at any time during the Term to underlet or permit the Demised Premises to be underlet except upon the terms that the undertenant shall be liable to pay throughout the terms (sic) of such . Tenant's that seek to assign, underlet or share possession of a rented property will often need to obtain the landlord's consent for such a change. covenants "only to use as a restaurant", "not to make structural alterations" or "not to underlet part of the premises"; - Qualified.Two types: •Partially qualified: e.g. (e) not to assign, underlet or part with the possession of or make any alteration to the premises or any part thereof without the consent in writing of the landlord or his agent; (f) to carry out running repairs to the inside of the premises, and without prejudice to the generality of the landlord. 6. The assignee will covenant to observe and perform the tenant covenants in the lease. Covenant against parting with part of the property. (8) (a) not to assign underlet or part with the possession of part only of the Premises (b) not to underlet the whole of the Premises without the prior consent of the Lessor such consent not to be unreasonably withheld (8) (a) means you cannot let only part of the Premises. (1) Not at any time during the said term to assign underlet or part with possession of part only of the Demised Premises (2) Not at any time during the said term to assign the Demised Premises except upon and subject' to the following conditions that is to say :- The tenants, under the agreement with Messrs. Field, covenanted not to assign, underlet, or part with possession without consent, and Messrs. Field's right to re- enter and to determine the tenancy on any breach of this covenant jeopardised the whole of this speculation, if, as part of the arrangements with the company, the latter should go . part thereof without the previous consent in writing of the Landlord. 3.14 Not to assign underlet or part with the possession of the allotment garden or any part thereof 3.15 Not to keep on the allotment garden animals of any description pigeons or bees or take any dog on the allotment garden unless it is led by a leash and kept fastened up whilst there 3.16 To . - Self-explanatory. Paragraph 31 of Schedule 4 to the lease also included an absolute prohibition on assignment, sub-letting or parting with possession of part of the flat, and a qualified covenant against sub-letting the whole of the flat without T's consent (except that ASTs granted for 6 months or less, and underleases giving effect to shared ownership schemes, did not require any consent). Covenant not to assign, sublet or part with possession are not mutually exclusive. Assignment, Novation and Surrender. Not during the last seven years of the term to assign underlet or part with the possession of the demised premises without the previous written consent of the Lessor such consent not to be unreasonably withheld ii. 3. Most Leases will contain a restriction on subletting or underletting, this is to give the Landlord some control over who is occupying the property. An alienation provision such as the clause 'Not to charge assign equitably assign underlet or part with possession of a part of the demised premises nor to hold the whole or any part of the demised premises on trust for another nor to share possession of the whole or any part of the demised premises nor to part with possession of the whole of the demised premises (except as hereinafter . Not to assign or underlet part of the Demised Premises etc. Not at any time to assign underlet or part with the possession or occupation of PART ONLY OF THE FLAT.- and permission to do so not to be withheld unreasonably. Landlord's consent to assign - the landlord's decision must be reasonable, but not necessarily all the reasons. 'Not to sublet the whole of or any part of the demised premises'. Not to assign charge underlet or part with or share possession of any parts (as distinct from the whole) of the demised premises. 3.15.2 Not to underlet the whole of the Apartment save upon terms that the undertenant shall be liable throughout the term of such underlease to pay rent and other payments totalling no less in any year than the aggregate of the rent and . Not to assign transfer underlet charge mortgage or part with or share the possession of or grant licence over the demised premises or any part thereof. "19 Not to Assign or Underlet Not in any way to assign, underlet or part with possession of the leased premises or any parts thereof or to assign this Lease or part with its interest thereunder or any part thereof without the previous consent in writing of the Landlord (which consent shall not be unreasonably withheld) . part thereof without the previous consent in writing of the Landlord. Section 1 of the Landlord and Tenant Act 1988 provides that where a lease contains a covenant not to assign, underlet, charge or part with possession of the property and it is subject to a qualification that consent should not be unreasonably withheld then the landlord owes the tenant a duty, within a reasonable time, to: (i) give consent . For example, see Lewis & Allenby (1909) Ltd v Pegge [1914] 1 Ch 782 concerning a covenant by the lessee not to "assign, underlet, transfer or part with the possession of the flat without the consent of the landlords, such consent not to be withheld in the case of a respectable and responsible person". (a) Not to assign underlet sublet charge mortgage or part with possession of part only of the Premises (b) At such time as the leaseholder's share is 100% not to assign sublet or underlet the whole of the premises (other than by way of mortgage) nor grant an occupation licence or tenancy in any form thereof without the I. not to assign, or underlet, or sublet, or part with or share possession or occupation of the Property or any part of the Property, or take in lodgers or paying guests, or let any other person live at the Property unless specified as an Other Occupier above, except that during the fixed term of this Agreement the Tenant may assign or sublet . No Tenant may have the right 1.3.14 Not to assign, underlet or otherwise part with or share possession of the Room, Apartment or Club Suite (as appropriate); 1.3.15 Not to part with the access fob to the Room, Apartment or Club Suite (as appropriate) and to report immediately any loss of the keys to the Landlord; Get free access to the complete judgment in Interfit Ltd/ The Tenants of Portmarnock S.C on CaseMine. The lease must be for more than 40 years and the assignment, underletting etc must take place more than seven years before the end of the term, see Practice Note: Building leases . LESSEE will not sublet the demised premises or any part hereof, or transfer possession or occupancy thereof to any person, firm, partnership or corporation, or transfer or assign this tease without the prior written consent of LESSOR, nor shall any subletting or assignment hereof be effected by operation of law or otherwise than by the prior . 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