Alienation Definition

GLOSSARY

Published by a ��˾��ҹ�� Property Disputes expert

What does Alienation mean?

Assigning, underletting, parting with or sharing possession or occupation of premises. Typically a lease will contain restrictions on a tenant’s ability to do so, without the landlord’s prior written consent.

View the related checklists about Alienation

Due diligence—occupational lease alienation provisions—checklist

Due diligence—occupational lease alienation provisions—checklist On any due diligence exercise on the acquisition of a property for investment purposes, it is essential to consider the ability of the occupational tenants to assign, charge and underlet their respective premises. Any provisions that are too flexible may have an adverse impact on value as it may lead to covenant dilution. In an occupational lease with an open market rent review, any provisions that are too restrictive may have an adverse impact on value, as they may be considered onerous. Assignment Can the tenant assign? Assignment may be: • prohibited • permitted without consent—this will be the case if the lease is silent; however, note that a covenant not to part with possession prohibits assignment, or • permitted with landlord’s consent—if assignment is permitted with landlord’s consent, the covenant is always subject to a proviso that consent is not to be unreasonably withheld (regardless of whether this is specifically imposed by the lease) If assignment is prohibited and there is an open market...

Due diligence—head lease alienation provisions—checklist

Due diligence—head lease alienation provisions—checklist On any due diligence exercise on the acquisition of a leasehold interest in land, it is essential to consider the ability of the tenant to assign, underlet or charge the property. Any provisions that are unduly restrictive may: • have an adverse impact on the ability of the buyer to dispose of their interest in the property in the future • be a property management burden • impact on the overall value of the property to the buyer This Checklist is aimed primarily at leases granted for a reasonably long term at an annual market rent. For further guidance on: • building leases, see Practice Note: Building leases—alienation • side-by-side or geared rent leases, see Practice Note: Headlease rent linked to underlease rents • long leases granted for a premium at a peppercorn rent where the leasehold interest is virtually equivalent to a freehold interest, see Precedent: Long lease of whole of commercial premises at a premium Assignment Can the tenant assign the...

Energy performance certificates (EPCs)—issues for commercial landlords and tenants

Energy performance certificates (EPCs)—issues for commercial landlords and tenants This Practice Note looks at some of the key practical issues for commercial landlords and tenants when dealing with energy performance certificates (EPCs). It is part of a series of Practice Notes on EPCs and minimum energy efficiency requirements (MEES). An EPC gives a property an energy efficiency rating from A (most efficient) to G (least efficient) and is based on a complex calculation, which looks at a number of factors such as the age and type of building and its construction, insulation and heating systems. For more information on what an EPC is and when they are required, see Practice Note: Energy performance certificates (EPCs)—what are they and when are they required? The key regulations governing EPCs are the Energy Performance of Buildings (England and Wales) Regulations 2012, SI 2012/3118 (EPC Regs 2012) and the Building Regulations 2010, SI 2010/2214 (Building Regs 2010), which implemented the requirements of the recast Energy Performance of Buildings Directive 2010/31/EU,...

Scotland: protected trust deeds

Scotland: protected trust deeds Trust deeds have, for many years, been utilised by debtors as a means of reaching a compromise with their creditors as an alternative to formal sequestration (see Practice Note: Scotland: the process for applying for sequestration). Trust deeds have their roots in common law and, although the law has historically taken a ‘light touch’ approach to them, it has now taken a closer interest in this area. As a result, trust deeds are now much more tightly regulated than ever before. The purpose of this Practice Note is to consider the general principles of law of trust deeds and the process and effect of obtaining protected status. For a glossary of commonly used Scottish insolvency terms, see Practice Note: Glossary of Scottish insolvency words and expressions. The Scottish government has announced a commitment to a policy review of both formal debt recovery mechanisms—diligence—and the statutory debt solutions—moratorium protection, bankruptcy, Protected Trust Deeds and the Debt Arrangement Scheme—with the aim of 'further enhancing and...

Discover our 90 Practice Notes on Alienation

Underletting part—alienation clause

Lease provisions relating to alienation and underletting part 1 Definitions: [Permitted Part means a complete floor of the Property which is capable of being occupied and used as a separate self-contained unit of accommodation] 2 Dealings 2.1 General restrictions The Tenant must not part with nor agree to part with possession of the whole or part of the Property or this lease, nor allow any other person to occupy the whole or any part...

Ireland—Report on title—property report for leasehold occupier

Ireland—Report on title—property report for leasehold occupier To: The [directors OR partnership] [Insert the Tenant’s name, address and (if applicable) company registration number] Dear [insert organisation name] [Insert the name and address of the Property] (the Property) Item 1—Scope of this report and reliance The precedent report on title and associated drafting notes cover and provide guidance on the issues that commonly arise on the grant of a new lease to a tenant who intends to occupy the Property. They are not exhaustive. Always consider whether there are any other issues that need to be addressed. Defined terms used in the main report have the same meaning when used in these drafting notes. The Precedent contains optional wording to include if there is a Head Lease and the Head Landlord owns the freehold and the Landlord owns the leasehold interest in the Property. Drafting assumptions It is assumed that: • there are no residential units • the Lease is a commercial lease of whole or part with vacant possession...

Dive into our 16 Precedents related to Alienation

A landlord and a tenant are in dispute about whether the tenant’s current use of the premises is permitted by the user clause in the lease. The landlord proposes to vary the user clause to reflect the tenant’s current use of the premises but the tenant opposes this because it believes that it is not in breach of the user clause and also because the variation could lead to an increase in rent upon review. Is this a dispute that could be referred to a professional arbitration on court terms expert or arbitrator?

A landlord and a tenant are in dispute about whether the tenant’s current use of the premises is permitted by the user clause in the lease. The landlord proposes to vary the user clause to reflect the tenant’s current use of the premises but the tenant opposes this because it believes that it is not in breach of the user clause and also because the variation could lead to an increase in rent upon review. Is this a dispute that could be referred to a professional arbitration on court terms expert or arbitrator? What is PACT? PACT stands for ‘professional arbitration on court terms’. It is a joint initiative of the Law Society and the Royal Institution of Chartered Surveyors. It provides a procedure which permits parties who wish to introduce a renewal lease under the Landlord and Tenant Act 1954 (LTA 1954) to submit the resolution of disputes concerning that renewal lease to an independent third party. The independent third party can act as an...

A seller has the benefit of a pre-emption right over adjoining land. This cannot be assigned to the buyer. Is it possible for the seller to hold the pre-emption right over adjoining land on trust for the buyer instead?

A seller has the benefit of a pre-emption right over adjoining land. This cannot be assigned to the buyer. Is it possible for the seller to hold the pre-emption right over adjoining land on trust for the buyer instead? A contractual right of pre-emption requires the landowner, should they decide to sell, to offer it to the holder of the right of pre-emption for a price which is either specified in the pre-emption agreement or is to be ascertained by a market valuation or by reference to a formula. In some cases, the holder of the right of pre-emption is simply entitled to be told of the landowner's wish to sell, following which the holder of the right of pre-emption has an opportunity to make an offer that may be accepted or rejected by the landowner. There is doubt whether a right of pre-emption is a 'contract for the sale or other disposition of an interest in land' for the purposes of section 2 of the Law of Property (Miscellaneous...

See the 65 Q&As about Alienation

Family weekly highlights—12 December 2024

This week's edition of Family weekly highlights includes a review of the most significant family law developments in 2024 and discussion of what might be the key developments in 2025. Details of the Transparency and Open Justice Board's invitation to respond to its proposed key objectives, Family Justice Council guidance on responding to allegations of alienating behaviour and updated MyHMCTS How to apply online for a divorce or dissolution guidance are set out. The expansion of the transparency reporting pilot for financial remedy proceedings and recent judgments on failure to provide accommodation and care proceedings are considered. New graphics added to Lexis+ Family Practical Guidance in 2024 are also set out.

Family Justice Council issues new guidance on responding to allegations of alienating behaviour

The Family Justice Council (FJC) has published comprehensive guidance for the judiciary and practitioners on responding to a child's unexplained reluctance, resistance or refusal to spend time with a parent, as well as allegations of alienating behaviour. The guidance, which followed an extensive consultation, dispels myths about parental alienation syndrome, reaffirms fact-finding relating both to allegations of alienating behaviour or domestic abuse as a judicial function, and emphasises the importance of considering domestic abuse allegations alongside alienation claims. It aims to centralise the child's voice and improve consistency in court approaches. The President of the Family Division, Sir Andrew McFarlane, has endorsed the guidance, urging all family justice professionals to review it carefully. The FJC also announced forthcoming guidance on neurodiversity, covert recordings, financial needs on divorce and procedures for applications for medical treatment orders for children.

Read the latest 114 News articles on Alienation

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