Q&As

Can a landlord serve a notice under section 24(3)(a) of the Landlord and Tenant Act 1954 where the tenant has assigned a continuation tenancy, in breach of the alienation provision? Does the lease still vest in the tenant and how can the assignee be removed? Is a section 24(3) notice the correct action or is forfeiture the correct process? If the lease should be forfeited, is the action against the tenant or assignee?

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Published on LexisPSL on 28/05/2021

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

  • Can a landlord serve a notice under section 24(3)(a) of the Landlord and Tenant Act 1954 where the tenant has assigned a continuation tenancy, in breach of the alienation provision? Does the lease still vest in the tenant and how can the assignee be removed? Is a section 24(3) notice the correct action or is forfeiture the correct process? If the lease should be forfeited, is the action against the tenant or assignee?

Can a landlord serve a notice under section 24(3)(a) of the Landlord and Tenant Act 1954 where the tenant has assigned a continuation tenancy, in breach of the alienation provision? Does the lease still vest in the tenant and how can the assignee be removed? Is a section 24(3) notice the correct action or is forfeiture the correct process? If the lease should be forfeited, is the action against the tenant or assignee?

An alienation clause is a provision within a lease that governs the ability of the tenant to assign the lease and/or to sublet the premises to which the tenancy pertains. Such a covenant enables the landlord to retain control of the premises insofar as the identity of the tenant or occupier is concerned and protects

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