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...

Practical guide to negotiating alienation clauses in commercial leases (England and Wales): assignment, underletting, charging, sharing, consent under LTA 1927/1988, AGAs and Lease Code 2020

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Practice notes

Negotiation Guide

This Negotiation Guide sits within the Practical lease negotiation collection. In practice, see also Practice Note: New starter guide—entering into new commercial leases. An Alienation clause regulates the extent to which (if at all) a tenant may dispose of the demised premises or permit a third party to occupy. The usual forms of disposal allowed are assignment, underletting and charging, and such transactions generally require the landlord’s consent. Certain leases also permit the tenant limited categories of other dealings, for example group sharing. The nature of the alienation permitted and the degree of landlord control over dealings will turn on several factors, including the type of premises, the length of the term and the rental structure (eg fixed rent or turnover). This Negotiation Guide reviews the principal elements of an alienation clause (also called a dealings clause), which can be included in a lease of commercial premises...

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Web page updated on 21/05/2026

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