Marks v Warren: 1979

An alienation provision such as the clause ‘Not to charge assign equitably assign underlet or part with possession of a part of the demised premises nor to hold the whole or any part of the demised premises on trust for another nor to share possession of the whole or any part of the demised premises nor to part with possession of the whole of the demised premises (except as hereinafter permitted) all of which are expressly prohibited.’ is, when properly analysed, in fact a series of separate covenants wrapped up together in a single clause.

Judges:

Browne-Wilkinson J

Citations:

[1979] 1 All ER 29

Cited by:

CitedAkici v LR Butlin Ltd CA 2-Nov-2005
The tenant appealed against forfeiture of his lease for breach of a qualified covenant against assignment. It was said that the tenant had attempted to hide from the landlord the assignment of the premises to his company or its shared occupation. . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 30 April 2022; Ref: scu.234411