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If the lessee transfers his or her entire remaining interest in the tenancy, then the transfer is known as an assignment. If the lessee transfers only part of his or her interest, then the transfer is known as a sublease.
If the lease is not registered then a Deed of Assignment will be used. Deeds of Guarantee can also be required to ensure the Assignee can meet their obligations under the lease. An underletting is where a Tenant grants a lease out of their own lease (called an 'underlease').
An assignment is the transfer of one party's entire interest in and obligations under a lease to another party. The new tenant takes on the lease responsibilities, including rent and property maintenance, and the original tenant is released from most (if not all) of its duties.
A. Yes, subject to the provisions of your lease. The alienation provisions in your lease will set out whether or not you can assign or underlet the premises, and any conditions attached to such rights. An assignment transfers the benefit of the lease from you to the incoming tenant (the assignee).
When a tenant signs up to this agreement they may not be aware of certain unforeseen factors which may require them to move out before the end of the lease. If this is the case and they can no longer afford to live in the property they have the option of assigning the lease.