M50 Barrier Free Tolling
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Alienation refers to the assignment and subletting by a tenant to another of the premises he has leased from the Landlord.
It is common practice for a Landlord to impose various restrictions on a Tenant regarding the subletting or assignment of a premises to another. The purpose of a restriction on a tenant is to ensure that the Landlord retains control over who may take over the premises. All modern leases, whether commercial or not, place a restriction on the tenant preventing him or her from assigning, subletting or otherwise parting with possession of the premises without the Landlord’s prior written consent. It is also common to place an absolute prohibition on the assignment or subletting of part of the premises. It is further common to provide that a Landlord may not unreasonably withhold his or her consent in relation to the subletting or assignment of the full premises by a tenant to another. The only exception where a Landlord cannot absolutely prohibit the assignment or subletting of part of a building to another is where the Landlord leases a building to a tenant, which is intended to be divided into various units, and each such unit to be leased to another.
If a Tenant believes that a Landlord has unreasonably withheld his consent to an assignment or subletting, that Tenant may then make an application to the Court for a declaration that the consent has been unreasonably withheld, and for an Order allowing the Tenant to assign or sublet the premises without the consent of the Landlord. It is important that a tenant does not assign or sublet a premises without the consent of the Landlord or without the Order of the Court, as otherwise he may find himself in breach of a Covenant and may have to pay damages to the Landlord in respect of that breach. The onus of proving that a Landlord’s consent is unreasonably withheld is on the Tenant.