The alienation clause of a long flat lease does not prevent sublettings. However, a separate clause of the lease provides that ‘the demised premises shall be occupied for the sole occupation of the tenant and the family of the tenant’. Does this prevent the tenant from subletting?

The starting point is that absent of any restriction, a tenant can either assign or grant a sublease. The extent of any restriction might take one of various forms. There might be an absolute bar upon assignment. There might be a bar upon assigning other than with the prior consent in writing from the landlord. Such a restriction will be subject to a proviso that the consent will not be unreasonably withheld, even though the landlord can require reimbursement of legal and other expenses incurred in connection with granting it.

Similar types of restriction might be placed upon the subletting of the property. These are sometimes less onerous (if included at all) than restrictions placed upon assignment. Other times, they extend to parting with possession and even sharing occupation so that the grant of a licence