Assignment (Transfer) of a Commercial Lease

Transfer of Lease Advice For Landlords

A landlord will typically only need to transfer a lease from one tenant to another, (also known as an assignment of lease) known if the tenant requests it.

A transfer of lease will present many considerations for a landlord as you will be assessing the merits of a new tenant. There may be existing or other considerations that need to be negotiated or resolved with the new or outgoing tenant.

Our lawyers can assist landlords in the following ways:

  • draft the proposed transfer (assignment) of lease documents or review documents drafted by others.
  • ensure that the transfer of lease process documentation is accurate and otherwise consistent with the existing lease.
  • deal with the incoming tenant, outgoing tenant (or their lawyers) and the estate agent, on your behalf.
  • ensure that your legal costs are recovered from the outgoing tenant (which is usual)
  • advise you (as required) about proposed incoming guarantors.

At PCL Lawyers we can also assist with the process of helping you assess or refuse a proposed new tenant. Landlords typically can refuse new tenants provided there are well articulated reasons for doing so. This is important because it is your asset. Therefore, we recommend that the appropriateness and financial viability of the proposed new tenant be carefully considered by a landlord.

We provide clearly articulated legal advice on leasing and transfer of leases. Our lease lawyers can help you with properties Australia-wide.

To speak with one of our lease lawyers call us today on 1300 907 335. Alternatively, please fill out the contact form on this page for and one of our lawyers will respond to you promptly.

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