Liability of subcontractor for consequential loss of contractor.What is the legal effect of subcontracting?.This Practice Note examines the following legal and practical matters in relation to entering into a subcontract or when granting permission to subcontract: Assignments by way of mutual exchangeAssignment by mutual exchange entitles a secure tenant to exchange the tenancy with another secure or Additional rights to assign may be provided under the terms of the tenancy and in practice private registered providers will typically include a right to a mutual exchange, subject to the landlord’s consentUnder Rent Act 1977 (RA 1977), a protected tenancy can be assigned unless prohibited under the terms of the tenancy a statutory tenancy arising on termination of the protected tenancy is incapable of assignment. There is no requirement that the withholding of consent be reasonable. See Practice Note: Main differences-secure, introductory and flexible tenancies.Assignment of an assured tenancy is prohibited unless the tenant obtains the landlord’s written consent. assignment to a person who would be qualified to succeed if the tenant had died immediately before the assignmentAny other purported assignment will be ineffective.An introductory tenancy can only be assigned pursuant to a property adjustment order (as above), or to someone who would be qualified to succeed: there is no right to exchange.assignment under property adjustment orders in connection with family/matrimonial proceedings.Assignment of a secure periodic tenancy is prohibited except in three situations: View the related practice notes about Assignment Assignment and succession of tenancyĪssignmentAssignment is the transfer of the interest in the tenancy to another person.
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