Q&As

Where a lease contains a fully qualified covenant against assignment and the tenant assigns without consent, is the assignment itself valid, notwithstanding the assignor's breach of covenant and the landlord's potential remedies such as forfeiture, and would the assignee accordingly be able to register their interest at the Land Registry?

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Produced in partnership with Desmond Kilcoyne
Published on LexisPSL on 29/06/2018

The following Property Disputes Q&A produced in partnership with Desmond Kilcoyne provides comprehensive and up to date legal information covering:

  • Where a lease contains a fully qualified covenant against assignment and the tenant assigns without consent, is the assignment itself valid, notwithstanding the assignor's breach of covenant and the landlord's potential remedies such as forfeiture, and would the assignee accordingly be able to register their interest at the Land Registry?

Land Registry Practice Guide 19A (PG 19A) provides that:

‘Most leases contain a covenant against the assignment or underletting of the property without the consent of the landlord. An entry will be made in the property register where the lease contains such a covenant, to ensure that a buyer is aware of it. A land

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