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An assignment is a complete transfer of the tenant's remaining lease term. Any transfer for less than the entire duration of the lease is a sublease.
The Disadvantages You are primarily liable ? the landlord will expect you to comply with the tenant's obligations under the lease. Follow up ? because are the tenant, you will need to follow up to ensure the franchisee complies with the Tenant's obligations under the lease.
A lease is a rental contract between a landlord and a tenant, whereas a sublease is a contract between a tenant and a sub-tenant who has assumed obligations of the tenant's lease.
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.
Subletting means that you find another person to live in your place and pay rent to you, while you remain the original tenant and responsible for the lease. Assigning means that you transfer your lease rights and obligations to another person, who becomes the new tenant and deals directly with the landlord.
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').
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.
This clause prohibits the tenant from assigning or subletting all or any portion of its space without the consent of the landlord, which can be withheld by the landlord for any or no reason.