Q&As

A landlord is selling their interest in a property to a third party. The property is subject to a lease. In the absence of any express provision in the lease, can the tenant under the lease terminate the lease as a result of the sale of the landlord’s interest, or will the property be sold subject to the existing lease?

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Published on LexisPSL on 16/11/2017

The following Property Q&A provides comprehensive and up to date legal information covering:

  • A landlord is selling their interest in a property to a third party. The property is subject to a lease. In the absence of any express provision in the lease, can the tenant under the lease terminate the lease as a result of the sale of the landlord’s interest, or will the property be sold subject to the existing lease?

When a landlord sells its interest in a property, it will usually be sold subject to any occupational leases, unless the landlord has the right in the leases to terminate the tenancies prior to sale. There is no automatic right for a tenant to terminate its lease on the sale of the landlord

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