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Lease assignment and sub-letting
A commercial lease will often contain certain clauses for when a tenant wishes to assign or sub-let a lease. In order to be successful the tenant has to abide by the relevant provisions in the lease. Equally, the landlord has obligations to respond appropriately.
Where a tenant does not follow the correct procedure they are at risk of legal action from the landlord to obtain damages, legal costs and even forfeiture of the lease.
Where a landlord does not follow the procedure or unreasonably withholds consent for assignment or sub-letting, they are also at risk of court proceedings. Damages and legal costs can be claimed.
Where a lease is to be assigned or sub-let there are issues of procedures, timing and reasonable objection.
Why choose Linder Myers?
We advise tenants on the procedures and timescales for applications of consent. Where consent is refused, we can work towards reaching an agreement with the landlord or taking legal action to obtain the necessary court order.
We advise landlords when they receive a request to assign or sub-let their commercial property. We offer advice on the reasonableness of their response to the request and seek to avoid disputes on timing and other issues.
Our dedicated team have extensive experience in instructing both tenants and landlords in assigning or sub-letting commercial leases.
We will discuss the costs with you at the outset of your case, as the costs vary with the circumstances of each case.
