Can the Landlord stop the Tenant selling the lease?
Unless the Landlord specifically restricts a Tenant, the answer is ‘No’. Invariably a Lease will include a restriction and the words of the lease are strictly interpreted. Usually any dealings with part of the premises (as opposed to the whole) are prohibited. Often, sub-letting will only be allowed in restrictive circumstances (a Landlord must ensure that if the head-Lease comes to an end, a sub-Tenant’s occupation will not be detrimental to the Landlord’s interest). A Lease will often prescribe the circumstances in which the Landlord may refuse consent (for example, if the new Tenant is not of equal financial standing).
