ABSTRACT

This chapter introduces the rationale and formalities for assignment and subletting. It explains the way in which leases commonly deal with the covenant against assignment and subletting. The chapter outlines the obligations of the landlord when dealing with a request to assign. It also outlines some of the rules regarding assignment of public sector tenancies. The chapter explains the remedies for breach of a covenant not to assign. It summarises the rules regarding enforceability of landlord and tenant covenants after the lease or the reversion has been assigned. A tenant may be prohibited or restricted with regard to creating a subtenancy by the terms of the lease. Rack rent leases is understandable as the landlord will have marketed the premises and then selected the tenant on the basis of ability to pay rent and to comply with the other tenant covenants in the lease.