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If the lease contains no restrictions, the tenant has absolute freedom.
By contrast, an assignment occurs when you transfer all your space to someone else (called an assignee) for the entire remaining term of the lease.
As with a sublet, you are free to choose your assignee and determine the rent unless your lease says otherwise.
If you transfer the entire rental to another tenant for a period of time while you move out, that too is a sublease.
For example: Unless your lease prevents it, you may rent to anyone you like and charge any rent you choose. In a subleasing arrangement, the subtenant pays rent to you and you continue to pay the landlord under the terms of your lease.
(However, when you assign a lease, you may have less responsibility for guaranteeing nonrent duties than when you sublet.) You’ll be free of these future financial obligations only if the landlord releases you in writing.
Here are the various clauses you may find your landlord’s commercial lease.
Conversely, if the transferee passes all three, a rejection will be unreasonable.
We can also provide associated advice on the impact of environmental legislation, planning law and other statutory requirements relating to your situation.
If the lease contains a fully qualified covenant, then the landlord’s consent is not to be unreasonably withheld.
Under s. (only where qualified or fully qualified covenant) on written application by the tenant for consent, the landlord must within a reasonable time: Under s., the landlord must pass on any written application to the superior landlord within a reasonable time.