5 things you need to know about Alienation under a Lease:
1. This is an assignation of the tenant's interest in a lease or sub-letting of the leased subjects.
2. Alienation of part only is generally prohibited.
3. The lease will invariably provide that there is to be no alienation without the prior written consent of the landlord which consent shall not be unreasonably withheld. This introduces an element of subjectivity to the otherwise subjective discretion of the landlord.
4. There is no implication of reasonableness in Scots law.
5. An assignation is only completed when a formal intimation of assignation is served on and acknowledged by or on behalf of the landlord.
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