Consent to assign is the process by which a landlord approves the transfer of a commercial lease to a new tenant. In practice, a solicitor reviews the lease’s assignment provisions, negotiates conditions, and drafts the assignment agreement and any licence to assign. They coordinate with the landlord, original tenant and the proposed assignee, draft notices, gather required documents, and check rent, service charges and any dilapidations or use restrictions. The outcome fixes occupancy, ongoing liability under the lease, and future rent obligations.
What a solicitor handles in these matters
This work involves reviewing lease terms, drafting and negotiating the assignment and any consent, and handling related warranties, guarantor releases, and potential rent or break-clause implications. The solicitor coordinates with multiple parties and ensures documentation is compliant, properly executed, and enforceable, including any necessary notices to complete the transfer.
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