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Can the Landlord refuse consent? If the lease is silent on assignments, the tenant is free to assign without the landlords consent.
A leasehold business can be sold, however, to ensure that the commercial lease survives the business sale, you must meet landlord expectations and respect any restrictions set out in the tenancy agreement to allow for the successful assignment of the commercial lease.
You can apply to the NSW Civil and Administrative Tribunal (NCAT) for an order that allows the transfer or sub-let. The Tribunal will decide if the landlords withholding consent is reasonable. You must apply to the Tribunal within 3 months of becoming aware that the landlord has withheld consent do not delay.
An assignment is the transfer of one partys 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.
An assignment is a full transfer of the lease between the tenant and the assignee. Therefore, since the tenant no longer has any ownership interest in the property, there is no longer any relationship between the landlord and the tenant as far as the property ownership is concerned.
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An assignment and assumption agreement is used after a contract is signed, in order to transfer one of the contracting partys rights and obligations to a third party who was not originally a party to the contract.
In order to transfer a commercial lease, you will likely need to obtain the landlords permission. Failing this, you might be liable to face financial penalties. An assignment of a commercial lease is not always permitted by the landlord.
The process of assignment of a lease is essentially selling the lease to a third party (the assignee). If you are a commercial property tenant, your contract likely contains a clause that allows you to assign your lease to a new tenant. To do this, you will need to find a potential new tenant yourself.
Every commercial lease contains an assignment provision that lays out the landlords and the tenants rights and obligations in the event that the tenant seeks to assign the lease.
An assignment is a full transfer of the lease between the tenant and the assignee. Therefore, since the tenant no longer has any ownership interest in the property, there is no longer any relationship between the landlord and the tenant as far as the property ownership is concerned.

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