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Showing contexts for: equitable assignment in Amir Ahmed vs Yusuf on 23 May, 1985Matching Fragments
8. Lord Hailsham in his treatise Halsbury's Laws of England, Fourth Edition at page 283, under the head "Covenant against assignment or parting with possession", in para 364 has stated as follows:
A covenant "not to assign", or "not to assign or otherwise part with", the premises is only broken by a legal assignment for the entire residue of the term.
A covenant "not to assign or part with the possession of the premises" goes further and is broken if, for example, the tenant makes an equitable assignment of the lease and places the assignee in possession, but a tenant who retains the legal possession of the whole of the premises at all material times does not commit a breach of the covenant by allowing other people to use the premises.