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Rights to assign

This content applies to England

This section outlines the rights to assignment.

The basic position is that all tenants, whether they have a weekly tenancy or a long lease for a number of years, have a legal estate (ie an interest) in land[1] and with this comes a general right to assign that estate to another person. For some tenancies, however, this general right is modified by statutory provisions that limit when and to whom a tenant can assign. In addition, the tenancy agreement can be used to override or amend the general right. Most tenancy agreements include terms that limit rights to assign, or that prohibit assignment completely. The effect on the general right to assign of common clauses in the tenancy agreement is explained on the page on Prohibition or consent and the page on Rules for different tenancy types describes the position for different tenancy types. Both the tenancy agreement and the type of tenancy must be considered when deciding if a particular tenant has the right to assign.

[1] s.1(1) Law of Property Act 1925.

 

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