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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.
It is almost always compulsory to register the transfer of a registered lease, irrespective of the length of the lease term. Until the registration requirements are met, the transfer does not operate at law and the buyers title is merely equitable.
Most commercial leases will include a provision which prohibits assignment without the landlords consent, and will prescribe the process the tenant needs to go through to secure this. What some landlords do not realise is that they can only refuse consent if they have very good reasons.
Assigning a commercial lease means transferring the lease from one tenant to another. The rights and obligations under the lease will be transferred from the outgoing tenant to the incoming tenant.
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