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What is an assignment of lease?
The meaning of assignment of a lease is when a freeholder/landlord transfers the existing lease on a commercial property over to a new leaseholder/tenant.
Renewing a lease?
If, rather than assigning a new tenant, your existing tenant has begun proceedings to extend/renew their lease, a property solicitor can help you liaise with them and agree to the terms.
Assignment of lease (Tenant)
If you are becoming a new tenant/leaseholder in a freehold property, a property solicitor can help you get in contact with the landlord and agree the terms.
Frequently asked questions
How long does a lease assignment take?
If you and your new tenant agree on the terms of the lease then the process will only take 2-3 weeks to put together all the documentation. If you dispute what they are asking for it can delay things up to 6-8 weeks until you have come to an agreement.
Who pays for assignment of lease?
It is usual during the assignment of a lease that the new tenant entering into the lease will pay for the landlord’s legal costs as well as their own.
What is the difference between assignment and transfer of lease?
Assignment and Transfer of Lease are essentially the same and are often used interchangeably. Generally, transfer implies more significant changes to the lease. Your solicitor can help make sure you are following the right process.
Can you assign part of a lease?
It is possible to fragment a lease between multiple parties, however this is uncommon and unpopular, as it will make it harder for you to enforce your covenants and collect rent.
Do I need a solicitor to assign a lease?
It’s important to have a property solicitor on board with your assignment of lease, as they can help you liaise with your prospective tenant’s legal representatives as well as review the terms of the lease.
