Assignment and Sub-Letting of Land Act, 1826

In what Cases only where Lands held by Lease made after 1st June 1826 Lessees may assign or sublet without express Consent of the Lessor in Writing, or by Indorsement on the Deed, &c.

III. And be it further enacted, That where Lands or Tenements in Ireland shall be held by virtue of any Lease or Agreement for a Lease, which shall be executed or entered into at any Time after the First Day of June One thousand eight hundred and twenty six, not containing a Clause expressly authorizing and empowering the Lessee or Tenant to assign or sublet, (other than a Lease for a Term of Ninety nine Years or upwards, or a Lease for Lives or Years with a Covenant for perpetual Renewal, or a Lease held immediately under any Persons or Bodies Corporate or Ecclesiastical, or held under any Person or Persons deriving from the immediate Lessee of such Persons or Bodies Corporate or Ecclesiastical, with a toties quoties Covenant for Renewal,) it shall not be lawful for such Lessee or Tenant, his or their Heirs, Executors, Administrators or Assigns, to assign or sublet, either by written Instrument or otherwise, any such Lands or Tenements, or any Part thereof, without the express Consent of the Lessor or contracting Party in such Lease or Contract, his or their Heirs, Executors, Administrators or Assigns, testified, where such Assignment or Subletting shall be by Deed or written Instrument, by his or their being Party to and signing and sealing such Deed or written Instrument, or by his or their written Indorsement on such Deed or Instrument, ratifying or confirming the same, or where such Assignment or Subletting shall not be by Deed or written Instrument, testified by his or their Consent in Writing; and every such Assignment or Subletting, and every Lease, Deed or Instrument, or other Agreement or Proceeding, whereby such Assignment or Subletting shall be made without such Consent as aforesaid, and testified as aforesaid, shall be and be deemed wholly void and invalid to all Intents and Purposes whatsoever; any Law, Statute or Usage to the contrary in anywise notwithstanding, unless such Consent shall be indorsed or executed in Writing as aforesaid; and that in any Proceeding in Law or Equity relating to such Assignment or Subletting, the Party so assigning or subletting, or the Party to whom such assigning or subletting shall be made or attempted to be made, shall not be entitled to avail himself of any constructive or parol Waiver of the Benefit of this Act, by or on behalf of any such Lessor or contracting party.