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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.
If the landlord sells the property before the end of lease then he or she must ensure that the buyer agrees to continue the existing rental agreement. The buyer, as a new landlord, must then comply with the agreement and cannot unlawfully force the tenant out before the end of the 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.
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.
Most negotiated leases will instead contain a provision requiring that landlords consent to an assignment is required, but such consent will not be unreasonably withheld. The tenant will likely also try to include landlords obligation to not unreasonably delay or condition its consent.
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Most negotiated leases will instead contain a provision requiring that landlords consent to an assignment is required, but such consent will not be unreasonably withheld. The tenant will likely also try to include landlords obligation to not unreasonably delay or condition its consent.
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.
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.
Can the Landlord refuse consent? If the lease is silent on assignments, the tenant is free to assign without the landlords consent.
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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