The tenancy of commercial premises may be transferred to a third party with the landlord’s consent. Consent may only be refused under certain conditions.
In detailed commercial leases the conditions for transfer and refusal of consent are often already defined. However, the fulfilment of the conditions can be unclear and contentious.
The transfer requires a contract between the existing tenant and the third party who wants to take over the tenancy. For evidentiary reasons, a written contract is recommended. The landlord’s consent must be in writing (strictly speaking, e-mail is not sufficient).
I advise and represent you in the transfer of tenancies and draft the transfer agreement for you.
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