Alienation agreements
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An alienation agreement is a legal document used in property law that governs how a tenant can ‘alienate’ their lease, for example, by assigning it to another party or underletting the property to create a new sublease.
This is particularly relevant in commercial property leases where businesses may need flexibility to sublet or assign their lease if their circumstances change.
The right to assign or sublet is not automatic and will often be subject to specific conditions set out in the lease. Landlords typically want control over who occupies their property, so the alienation agreement clarifies the conditions for assignments or subletting.
What is an alienation agreement?
An alienation agreement outlines the conditions under which a tenant can deal with their lease, whether through assignment or subletting. Restrictions on alienation are commonly found in commercial leases, and dealing with the lease will typically require the landlord’s consent (usually documented in a licence to assign or sublet). The landlord may impose conditions, such as ensuring the financial stability of the new tenant, to protect their interests. In some cases, the original tenant remains liable if the new tenant defaults, providing additional security for the landlord.
Alienation agreements can also regulate the terms of the assignment or subletting, ensuring that any new occupant complies with the existing lease conditions and obligations. These agreements play a vital role in maintaining control over who occupies the property, giving landlords the reassurance that the terms of the lease are adhered to, while providing tenants with the flexibility to assign their lease or grant a sublease when needed.

Richard Hughes
Partner | Commercial Property, Real Estate, Real Estate Finance
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How we can help with alienation agreements
At Moore Barlow, we offer expert legal advice for both landlords and tenants involved in alienation agreements.
For tenants, we ensure that the terms of the agreement are fair and that you understand any ongoing liabilities. We work to protect your interests and ensure a smooth assignment or underletting process.
For landlords, we help draft and negotiate alienation agreements that safeguard your property and financial interests. Our team ensures that the terms are clearly defined, from requiring tenant financial checks to preserving the original tenant’s liability if the new occupant defaults. We focus on ensuring the agreement is enforceable and compliant with the lease terms, reducing the risk of future disputes for all parties involved.
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Richard Hughes
Partner | Commercial Property, Real Estate, Real Estate Finance
Jo Farr
Partner | Commercial Property, Real Estate, Land Development, Real Estate Finance
Susannah Marsh
Partner | Financial Services Litigation, Real Estate Finance
Sam Ho
Senior Associate | Commercial Property, Real Estate, Real Estate Finance
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Senior Associate | Commercial Property, Landed Estates and Farming, Real Estate Finance, Rural Services
Callum Leary
Partner | Commercial Property, Real Estate, Real Estate Finance
Sharon Mays
Senior Associate | Commercial Property, Real Estate, Land Development, Real Estate Finance
Why choose us
Moore Barlow’s property law specialists understand the complexities of alienation provisions and the importance of having clear, enforceable terms. We offer practical, straightforward advice to ensure that you understand your rights and responsibilities under the agreement, reducing the risk of potential conflicts down the line.
Contact us
If you’re considering an alienation agreement or need advice on an existing lease, contact Moore Barlow today. Our experienced property solicitors are here to help guide you through the process, ensuring your rights are protected and your agreement is tailored to your specific needs.
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