Does A Tenant Need Consent To Assign A Commercial Lease?

As a commercial property tenant, it is likely that you will require the consent of your landlord before you sign a commercial lease to another party. Most commercial property leases will contain restrictions. These restrictions will allow the commercial property landlord to retain control over who you assign to. It will also enable the landlord to check that the new party can meet the requirements. These are the requirements set out within the commercial property lease.

As a tenant needs consent to assign a commercial lease, there are things you can do before applying for your landlord’s consent. This will make the assigning of the commercial property lease to another party an easier process. It is a good idea to review the leases terms. When doing so check whether there is an ability to assign and if this is restricted by the landlord.

As a commercial property law firm, we would recommend that you make your request to the landlord promptly. This will help to speed up the process and avoid any unnecessary delays. It is important that you serve any consent to assign application in full accordance with the lease terms and any relevant legislation. This is something that our commercial property lawyers in Peterborough can help you with.

Bear in mind that when you are requesting consent from the landlord, you need to provide any supporting information or documents that are required. These will be clearly laid out under the lease terms.

It is possible for the tenant to decide to assign with consent. However, this is only possible if the refusal by the landlord is seen as unreasonable. In this case, the assignment would be seen as lawful. That said, if the refusal to consent by the landlord was reasonable, as the tenant you would be in breach of the lease. This could result in the landlord being able to claim for damaged. They could also forfeit your commercial property lease.

If you are a commercial property tenant looking for consent to assign a commercial lease, speak to our commercial property solicitors. We can talk you through the process. Our commercial property legal team will prepare any paperwork required and ensure that you, and your business, are legally protected.