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ARTICLE · 17 AUGUST 2022

Assignment of lease

Sellers need to check that the lease can be assigned & the terms and conditions of that lease.

AustraliaReal Estate and Construction

If you are selling or purchasing a business and the business is operated at a premises under a lease, the transaction would necessarily include assignment of the lease (also known as transfer of lease) from the seller (being the assignor) to the purchaser (being the assignee).

As a seller, it is important to revisit the terms of the existing lease of the premises to identify whether the lease can be assigned and the terms and conditions relating to the assignment of the lease.

Typically, the seller is not permitted to assign the lease except with the landlord's consent and there are requirements that must be complied with before the landlord's consent will be granted, including but not limited to the following:

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