Building leases—alienation
Building leases—alienation

The following Property guidance note provides comprehensive and up to date legal information covering:

  • Building leases—alienation
  • Building leases within LTA 1927, s 19(1)(b)
  • The effect of LTA 1927, s 19(1)(b)

A ‘building lease’ is a lease granted in consideration for the tenant erecting a building or carrying out works to existing buildings. When a building lease falls within the scope of the Landlord and Tenant Act 1927, s 19(1)(b) (LTA 1927), in certain circumstances, the LTA 1927 may intervene to override the express alienation provisions in the lease.

Building leases within LTA 1927, s 19(1)(b)

LTA 1927, s 19(1)(b) applies to leases granted:

  1. for more than 40 years

  2. in consideration wholly or partially for the erection, or the substantial improvement, addition or alteration of buildings

  3. where the landlord is not a government department, a local or public authority or a statutory or public utility company, and

  4. the lease is not of an agricultural holding, a farm business tenancy or a mining lease