The following Property Q&A provides comprehensive and up to date legal information covering:
Absent an exception to the covenant requiring payment, it is difficult to see why the obligation would not be engaged.
Much depends, of course, upon the wording of the clause and in particular whether any term is specifically defined or is expressed to be subject to exceptions. Quite often there will be a requirement to pay a fee where a landlord has to consider an application for permission to assign or sublet. Although the Law of Property Act 1925, s 144 (LPA 1925) precludes the charge of a “fine” for the giving of consent to an application to assign or sublet, a landlord may still require the payment of a reasonable sum in respect of any legal or other expenses incurred in relation to considering the matter. A sum which bears no reference to those sums and which goes straight to the landlord such that he makes a profit would fall within the prohibition.
The clause in the scenario described in this Q&A seems to require that a sum be paid simply upon the making of any disposition.
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