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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.
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.
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.
No subletting clause samples 04. No Subletting. Lessee shall not sublet any or all of the Properties without the prior written consent of Lessor, which consent shall not be unreasonably withheld, conditioned or delayed.
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.
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').
As a general rule, retail leases prohibit tenants from assigning the lease to an assignee or subleasing the premises to a subtenant (each referred to herein as a ?Transfer?) unless the landlord consents in writing to such Transfer.
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.