6 Things to Consider With an Assignment of Lease

Since COVID-19 reached New Zealand, the number of assignments we have transacted has significantly increased. Landlord’s and Tenants have been approaching us seeking understanding and solutions regarding their leases and the obligations.

What is an Assignment ?

An Assignment is the transfer of an existing Lease; including all terms and conditions which have already been agreed between a Landlord and Tenant. This most commonly occurs when a business is sold or needs to relocate to smaller/larger premises. In the current economic environment we are working with an increasing number of Tenants looking to close their business, relocate, expand or downsize.

Before you start considering an assignment we recommend you speak with your current Landlord to advise of your current situation and communicate you plans. As always, we recommend you seek legal advice.

6 Things’ to consider with an Assignment

  1. Review your Lease – make sure you have a copy of your current Lease Agreement to understand the renewal dates, lease expiry and your obligations.
  2. Landlord approval – For an Assignment to proceed it is conditional upon the Landlord’s approval (10 working days), this includes if a change in business use is required for the incoming Tenant, which why we recommend having advanced communication with the Landlord about your situation.
  3. Cost – There are several costs which need to be considered; firstly your own Legal fees but you will also be liable for the Landlords legal fees, Agency fees if you are engaging a commercial real estate agent to help you find a replacement Tenant and lastly your cost to relocate.
  4. Reinstatement – If your business has made changes to property which might include painting, fit-out, damaged walls etc then these may need to be repaired, removed, or reinstated. It is important to have a clear understanding between all parties involved what is expected and that it is documented.
  5. Ongoing Liability – It is important to be aware that even though you may have assigned the Lease, you still remain liable from the Assignment date the end of lease, we would recommend you seek legal advise as to your options to limit your liability under the Lease.
  6. New Lease – As an alternative to assigning your lease, you could suggest to the Landlord that they enter into a new lease with the new Tenant. Of course the terms of this new lease would have to be favourable to the Landlord for them to agree.