Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Alienation definition

What does Alienation mean? In landlord and tenant practice, alienation describes any disposal or passing of a tenant’s estate or occupational rights—typically assignment (Scotland: assignation) of the lease, subletting/underletting, granting a charge over the leasehold, or parting with or sharing possession or occupation (for example, licences to share, concessions or desk‑sharing). Most leases restrict alienation and require the landlord’s prior written consent. In England and Wales, legislation (notably the Landlord and Tenant Act 1927 and the Landlord and Tenant Act 1988) qualifies covenants against alienation (consent not to be unreasonably withheld) and imposes procedural duties on landlords; the Landlord and Tenant...

Building leases: alienation without consent under s 19(1)(b) LTA 1927—scope, old/new tenancy differences, seven‑year/notice conditions, and limits (England and Wales)

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Practice notes

Where a Landlord grants a lease in return for the tenant constructing a new building or undertaking works to an existing structure, it is often described as a ‘building lease’. If such a building lease engages section 19(1)(b) of the Landlord and Tenant Act 1927 (LTA 1927), then, in defined situations, the legislation steps in to displace the lease’s express Alienation restrictions. This Practice Note examines the reach and impact of LTA 1927, s 19(1)(b). For general guidance on assignment and underletting, see: Assignment and underletting—overview.

Building leases within LTA 1927, s 19(1)(b)

LTA 1927, s 19(1)(b) applies to leases granted:

for a term exceeding 40 years
where consideration consists wholly or in part of erecting, or substantially improving, adding to or altering buildings
where the landlord is neither a government department, a local or Public authority, nor a statutory or public utility company; and
the demise is not an agricultural holding, a farm business tenancy, or a mining lease

It is inapplicable to occupation contracts as defined by section 7 of the Renting Homes (Wales) Act 2016. The grant must be in consideration of the tenant performing the works...

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Web page updated on 21/05/2026

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