This cheatsheet includes practical tips to understand key clauses and avoid disputes in leasing agreements.<\/p>\n <\/div>\n \n\nDownload Now<\/a> <\/section>\n <\/div>\n\n\n\n\n In a lease assignment<\/a>, you transfer your lease to someone not currently party to the commercial lease. It means your current retail lease continues to exist rather than terminates early. While the rights and obligations in your lease agreement continue, these obligations pass to another party, the assignee. Subsequently, the assignee takes on your role as the commercial tenant, including your lease obligations.\u00a0<\/p>\n\n\n\n Before assigning a commercial lease, consider the cost of doing so. For example, your landlord may incur legal fees as part of the assignment, and you may need to reimburse them for these. You will also have your own legal fees to pay when you assign the lease. <\/p>\n\n\n\n The cost to assign your lease also depends on your rental price in comparison to the current market rate. If it is higher than the market rate, the assignee may require you to pay a premium to them to account for the high level of rent.<\/p>\n\n\n\n However, costs may not be such a problem when assigning a lease if your rent price is lower than the market rate. In these circumstances, you may be able to request that the assignee pay you a premium instead. <\/p>\n\n\n\n When assigning a lease, you will likely need your landlord\u2019s permission. Your landlord will want to ensure that any assignee is a suitable prospective tenant for the commercial lease. Importantly, you should always refer back to your commercial lease. Commonly, your lease will restrict a tenant\u2019s ability to assign the lease without their landlord\u2019s consent. If this is the case, you will need their approval and obtain a licence to assign. <\/p>\n\n\n\n A licence to assign is simply a document stating your landlord agrees to the assignment. Notably, a landlord cannot unreasonably withhold their consent or delay giving it.<\/p>\n<\/div>\n\n\n\n Where your commercial lease requires you to obtain a licence to assign the lease, your landlord will want to be satisfied with the assignment before they agree. To gain your landlord\u2019s approval requires the incoming tenant to be of \u2018good standing\u2019. The types of issues your commercial landlord may check include:<\/p>\n\n\n\n Therefore, when you consider assigning your lease, knowing the areas your landlord will look into may help you suggest a suitable assignee.<\/p>\n\n\n\n Assigning a lease is not as simple as letting another person occupy the commercial space<\/a>. Indeed, the assignee will want to carry out specific checks on the property to determine if the space is right for them. For example, the potential assignee is likely to check:<\/p>\n\n\n\n Remember, a potential assignee has to take the commercial lease as it is and cannot negotiate any provisions to the lease. So, they must be content with the property and the lease terms before agreeing to become an assignee.<\/p>\n<\/div>\n\n\n\n Part of finding a suitable assignee is anticipating what your landlord will look for in an oncoming tenant. While you might like the assignee on a personal level, your landlord will need to approve the assignment. Accordingly, finding an assignee involves considering the checks your landlord will likely conduct upon the prospective assignee and ensuring they meet these.<\/p>\n\n\n\n Finally, it is critical to remember that you may still be responsible for the commercial premises, even after you assign it. This liability is common where your landlord asks you to guarantee the assignee\u2019s lease obligations. After you sign an authorised guarantee agreement<\/a>, you will be liable to pay any missing rent and meet other lease obligations if the assignee fails to do so. <\/p>\n\n\n\n An authorised guarantee agreement acts as a safety net for your landlord in the event the incoming assignee is not of good standing. Rather than being left without recourse, a landlord will seek to recover damages (monetary compensation) from you. While this might not be ideal, gaining your landlord\u2019s consent may be conditional upon you signing an authorised guarantee agreement. Therefore, you want to carefully consider whether this risk is worth the assignment and take extra care when finding a suitable assignee.\u00a0<\/p>\n\n\n\n Remember that you may retain certain liabilities in the commercial lease. If you started your commercial lease before 1st January 1996, you will continue to be liable for all payments in the commercial lease. However, if your commercial lease begins after this date, you will guarantee the new tenant’s payments instead. You will do this through an Authorised Guarantee Agreement.<\/p>\n<\/div>\n\n\n\n\n\n Continue reading this article below the form\n <\/i>\n<\/a>\nWhat is a Lease Assignment?<\/h2>\n\n\n\n
Key Considerations<\/h2>\n\n\n\n
Reviewing Potential Costs<\/h3>\n\n\n\n
Obtaining a Licence to Assign<\/h3>\n\n\n\n
Gaining Landlord Approval<\/h3>\n\n\n\n
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Finding a Suitable Assignee<\/h3>\n\n\n\n
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Considering Your Landlord’s Checks<\/h3>\n\n\n\n
Consideration<\/strong><\/td> Explanation<\/strong><\/td><\/tr> Financial Status<\/td> Review the financial position of the prospective assignee. Your landlord will carry out checks to ensure that the prospective tenants can afford the lease, such as asking for their bank statements.<\/td><\/tr> Rental History<\/td> The prospective assignee\u2019s rental history is crucial, particularly regarding their previous experience with commercial leases. Your landlord will seek assurance of their reliability as a commercial tenant, ensuring that they:
+ pay rent on time; and
+ carry out their lease obligations.
Therefore, your landlord may ask the prospective assignee\u2019s previous landlord for references.<\/td><\/tr>Business Type<\/td> It will also be important to your landlord that the prospective tenant intends to use the business premises similarly to how you have done. This is because commercial leases usually stipulate what business activities can and cannot occur on the premises.\u00a0
If your current lease only accepts retail tenants, your landlord will not accept an assignee who wishes to use the space to operate their cafe.\u00a0<\/td><\/tr>Fit-Out Needs<\/td> Additionally, it is wise to consider if the prospective assignee wants to make any changes to the commercial premises. Your landlord may be unlikely to accept them as a tenant should they wish to do so.<\/td><\/tr><\/tbody><\/table><\/figure>\n\n\n\n Signing an Authorised Guarantee Agreement<\/h3>\n\n\n\n
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\n Cheatsheet for UK Leasing Terms<\/div>\n
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