Jurisdiction(s):
United Kingdom

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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...

Alienation consent unreasonably refused; unlawful re-entry causing stock damage

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Published by a LexisNexis Property Disputes expert

Q&As

It is assumed for the purposes of this Q&A that the refusal of consent concerns an alienation application (ie a proposal to assign/underlet/charge/part with possession). If, however, the matter instead relates to alterations, the position will need to be reconsidered, as distinct case law and statutory provisions govern that topic. As a useful starting point for that subject, see: Alterations and improvements for property disputes lawyers—overview.

Unreasonable withholding of consent

As set out in Practice Note: Landlord's consent to assign or underlet, the High Court in Ansa Logistics v Towerbeg confirmed that consent to assign/underlet cannot normally be withheld merely because a landlord is able to point to a breach of covenant. The key question is whether the particular breach is of such a character or seriousness as to warrant the refusal of consent...

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Web page updated on 27/05/2026

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