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What is included in a Lease Assignment? The type of lease (residential or commercial) The property's location. Details about the assignor, assignee, and landlord. The original lease term (start and end dates) The start date of the lease transfer.
Once the landlord's consent has been obtained, the tenant and assignee can enter into a deed of assignment to transfer the lease to the assignee. If the lease is registered at the Land Registry the assignee will then need to register the assignment at the Land Registry.
In a lease assignment, a legal relationship is created directly between the landlord and the new tenant. Unless the original tenant is released from their liability, they will still be legally responsible if the new tenant defaults.
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.
Sub-letting involves a tenant leasing out all or part of their premises to a third party. Under a sub-letting agreement, the rights and obligations created under the initial lease remain in force. An assignment involves transferring the lease from one party to another.
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 a complete transfer of the tenant's remaining lease term. Any transfer for less than the entire duration of the lease is 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.