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  • At common law a lease is a piece of property like any other and can be freely assigned. Most leases will contain some sort of restriction on transfer - technically "a covenant against alienation" - but not all do. If there's no covenant against alienation, or the covenant against alienation doesn't require the landlord's consent or similar, then there's no reason why the freeholder necessarily has to be involved.

    I think I get it - so a freeholder wouldn't need to be involved in the sale itself (assuming the terms of the lease allowed such a sale), just potentially informed once the lease has changed hands?

  • Leases change hands in our block on a regular basis without any involvement from the freeholders, one of whom has gone missing anyway

  • As someone who's spent the last four years in litigation with my freeholder that gives me the cold shivers. That'd expose so much space for our (aggressive third party offshore) freeholder to operate. I imagine with absent or uninterested freeholders its a manageable risk but by lord it's not a position I'd be comfortable in.

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