Transferring a Commercial Lease to Someone Else
Tenants of commercial premises who want to transfer or assign their lease, will have to obtain their landlords’ consent in the first instance.
An assignment of a lease can only work if your landlord agrees with your intention to transfer the lease to someone else. However, an assignment of a lease is not always permitted. In some cases, a landlord may refuse for various reasons or may not agree to have the property utilised in certain ways.
Free Initial Consultation
We understand that you’ll want to discuss your options and find out more about how we can help. We offer both appointments throughout the day and out of hours to accommodate our clients. We are happy to meet you at our offices across London, Essex or Kent. To find out more about free initial consultations, please call us on 020 3753 4667 or email
Are commercial leases transferrable?
There are a few different circumstances that might require you to transfer a commercial lease. Most commonly, this will be when you buy or sell a business that is operating from premises that are leased. There are also times when you will need to transfer the lease when the business is not bought or sold.
If the lease does not contain any written restriction upon transfer or assignment, then you may be able to transfer it to a new tenant. In most cases, leases are transferrable with the consent of the landlord. However, some leases contain an absolute bar on assignment or sub-letting, so it is important to review the relevant provisions with a solicitor.
Sub-letting
Sub-letting the whole or part of the premises may be a consideration if your landlord agrees. Often properties can be easily sub-divided, such as an individual floor forming part of a larger office block. In all cases, you should always speak to the landlord to obtain consent before sub-letting a property..
Applying for the landlord's consent
An application for consent to assign a lease should always be sought. As specialist commercial lease solicitors we can advise you on the necessary steps you need to take.
The landlord is entitled to ask for further documentation or information regarding the potential new tenant, in order to decide whether they will consent.
Can the landlord refuse?
Often landlords will provide consent to keep tenants in situ with rental fees coming in for the property. In giving consent, landlords may place certain restrictions on the transfer.
You may also be required to guarantee the payment of rent and adherence to other lease obligations by the new tenant.
Why you need a specialist solicitor
A commercial lease is often a large financial commitment, so it's essential that all the details are correct when you are looking to transfer or assign a lease.
It’s vital to have an experienced solicitor review or prepare the transfer of lease documents and to discuss your circumstances with you. We are able to make sure your interests are protected and will help ensure that the transfer goes smoothly.
Contact our Commercial Property Solicitors
The right solicitor changes everything. Anglo Law Solicitors provides expert legal advice on commercial property and leases.
Speak directly to a property solicitor now on 020 3753 4667 or complete our online contact form for your free consultation.
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