Termination of Tenancies for Tenant Default - Law Commission

8.49 We recommend that:
(1) where the tenancy contains an absolute covenant not to assign the
demised premises, the court may not make a transfer order unless the
landlord consents;
(2) where the tenancy contains a qualified covenant not to assign the
demised premises without the landlord’s consent, the court may not
make a transfer order unless:
(a) the landlord consents; or
(b) the court is satisfied that it would be unreasonable for the
landlord not to consent to the making of the order.
170
[Paragraph 6.107]
8.50 We recommend that where there is a charge on the tenant’s interest in the
demised premises, and the charge contains an absolute or qualified covenant not
to assign those premises, the court may not make a transfer order unless the
person who holds the charge consents to the making of the order.
8.51 We recommend that where a court makes a transfer order:
[Paragraph 6.108]
(1) it may direct a person to execute a conveyance, contract or other
document on a subsequent day;
(2) the order may provide that it is itself to operate so as to transfer the
tenant’s interest, and where the order makes provision to that effect, the
tenancy is transferred by virtue of the order.
8.52 We recommend that where a court makes a new tenancy order:
[Paragraph 6.109]
(1) it may direct a person to execute a conveyance, contract or other
document on a subsequent day;
(2) the order may provide that it is itself to operate so as to grant the new
tenancy, and where the order makes provision to that effect, the new
tenancy is granted by virtue of the order;
(3) the order has effect as a termination order in relation to the tenancy, the
new tenancy beginning immediately after the current tenancy comes to
an end;
(4) the terms of the new tenancy are to be such as the landlord and the
applicant agree and, to the extent that there is no agreement, such as the
court determines; and