This office lease form illustrates the landlord consent in the form of a short letter from the landlord to its tenant, the sublessor.
This office lease form illustrates the landlord consent in the form of a short letter from the landlord to its tenant, the sublessor.
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Although a landlord is not required to consent to a lease assignment, in some cases your lease will state that a landlord's consent will not be ?unreasonably? withheld. This is more common in commercial leases.
'Assigning' a lease simply means transferring your lease to another person so that they become the new tenant. Once the assignment has taken place the lease continues to exist and the new tenant becomes liable for all of the tenant's obligations in the lease.
An assignment of a lease involves the new tenant (commonly referred to as the assignee) agreeing to take on all of the existing tenant's (commonly referred to as the assignor) lease obligations. The transfer of the interest is for the remaining duration of the lease.
Assignment clauses are an important part of commercial leasing. They provide successful tenants an opportunity to sell their businesses and provide failing businesses the possibility of finding replacement tenants in order to avoid breaching their leases.
The original tenant cannot assign more rights than it has under the original lease. For example, if the term of the lease is 1 year, the term of the assignment cannot be 2 years. Most leases will require the landlord's written consent before an assignment becomes effective.
The original tenant cannot assign more rights than it has under the original lease. For example, if the term of the lease is 1 year, the term of the assignment cannot be 2 years. Most leases will require the landlord's written consent before an assignment becomes effective.
When making a request for consent to assign a lease, the Tenant should include all relevant information about the proposed assignee, to enable the Landlord to make a decision. Relevant information is likely to include company details, audited accounts and references.
This letter should be sent once the landlord has considered the tenant's application for consent to assign and has decided to allow the assignment to go ahead. If the landlord has decided to withhold consent to the assignment, the Refusal of Consent Letter should be used instead.