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What is a Landlord's Consent to Lease Assignment? With a Landlord's Consent to Lease Assignment, landlords and property managers can give formal approval to tenants who wish to exit their lease agreement and transfer it to a new tenant before the rental term is complete.
An assignment is when the tenant transfers their lease interest to a new tenant using a Lease Assignment. The assignee takes the assignor's place in the landlord-tenant relationship, although the assignor may remain liable for damages, missed rent payments, and other lease violations.
An assignment of a Commercial Lease is where a new tenant steps into the shoes of the original tenant and takes over the lease going forward.
Tenants still can't assign to their guarantors.
In many leases, the tenant grants the landlord a security interest in the property located at the leased premises to secure their lease obligations.This intercreditor agreement is often called a Landlord Consent, a Landlord Waiver, or a Collateral Access Agreement.
The difference between assignment and transfer is that assign means it's legal to transfer property or a legal right from one person to another, while transfer means it's legal to arrange for something to be controlled by or officially belong to another person.
Landlords can try and forfeit a lease if a tenant is in breach of their obligations (this assumes that the lease document includes a right to forfeit).If a commercial lease contains a break clause, either or both parties to the agreement may seek to terminate the lease before its fixed period has ended.
Consent to assignment refers to allowing a party of a contract (the assignor) to assign a contract and move the obligations to another party (the assignee).
Can the landlord refuse consent to an Assignment? Most leases will say that the Landlord cannot unreasonably withhold consent. According to section 19 (1A) of the Landlord and Tenant Act 1927 the landlord can insert conditions in the lease, which need to be met in the case of an assignment.