Business Sale Solicitors

Lease Assignments Solicitors (England & Wales)

Assigning a commercial lease can be a smart way to exit premises you no longer need but it can also leave you exposed to ongoing liability if it’s not handled properly.
At Cloude Law, we help business owners assign commercial leases clearly, quickly, and with risk controlled. Whether you’re the tenant looking to transfer your lease, or a landlord considering whether to consent, we’ll guide you through the process and protect your position.
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Commercial Lease Solicitors

What is a lease assignment?

A lease assignment is where an existing tenant (the “assignor”) transfers their lease to a new tenant (the “assignee”). The new tenant takes over the lease on the same terms, including:
  • Rent and service charge obligations
  • Repairing responsibilities
  • Insurance requirements
  • Lease covenants and restrictions
Most commercial leases require the landlord’s written consent before an assignment can take place.

When do you need a lease assignment?

Lease assignments are common when:
  • You’re selling your business and the buyer needs the premises
  • Your business is relocating and you want to exit the lease early
  • You no longer need the space due to downsizing or restructuring
  • You’ve found a replacement tenant and want to transfer the lease rather than surrender it

Why lease assignments can be risky (and why legal advice matters)

A lease assignment isn’t just paperwork — it’s a legal transfer of obligations. If it’s done incorrectly, you could:
  • Remain liable for breaches after the assignment
  • Be tied into an Authorised Guarantee Agreement (AGA)
  • Inherit hidden problems (if you’re taking an assignment) such as dilapidations exposure
  • Lose leverage on key terms like rent deposit, guarantor requirements, or conditions of consent
Our role is to make sure the assignment works for you commercially and legally — not just “gets done”.

Landlord’s consent: what’s involved?

Most leases state that assignment is only allowed with landlord consent, often “not to be unreasonably withheld”. In practice, landlords usually ask for:
  • Financial information about the incoming tenant
  • References and trading history
  • A rent deposit and/or guarantor
  • An AGA from the outgoing tenant (in many cases)
  • Payment of the landlord’s legal costs
We help you respond strategically so you don’t agree to unnecessary conditions.

What is an Authorised Guarantee Agreement (AGA)?

An AGA is a guarantee given by the outgoing tenant to the landlord. It typically means that if the new tenant defaults, the landlord can require the outgoing tenant to step in (often until the new tenant assigns the lease again).
AGAs can be reasonable in some situations — but they can also create long-term risk. We advise you on:
  • Whether an AGA is permitted under your lease
  • Whether the landlord’s request is reasonable
  • How to limit your exposure in the wording of the AGA

Quick Quote

    Are you the Tenant or Landlord? I am a: Type of property Type of proposed business Post code of property Length of lease in years Annual rent amount Your full name Your contact number Your best email Your date of birth Tell us the best time to reach you.

    Our lease assignment service (what we do)

    We act for tenants, landlords, and incoming assignees on commercial lease assignments. Our work typically includes:
    • Reviewing the lease and advising on assignment terms and restrictions
    • Advising on landlord consent requirements and conditions
    • Drafting and negotiating the Licence to Assign
    • Drafting and negotiating the Deed of Assignment
    • Advising on AGAs, guarantees, and rent deposits
    • Coordinating completion and ensuring documents are executed correctly
    If the assignment is linked to a business sale or purchase, we can also support the wider transaction so everything completes smoothly.

    How long does a lease assignment take?

    Timescales vary depending on the landlord and the quality of information provided. Many assignments complete within 2–6 weeks, but it can be quicker or longer depending on:
    • How responsive the landlord and their solicitors are
    • Whether an AGA, guarantor, or rent deposit is required
    • Any outstanding breaches, arrears, or repair issues
    • The complexity of the lease terms
    We’ll give you a clear plan and keep the process moving.

    Common issues we help resolve

    Clients often come to us when:
    • The landlord is delaying or asking for excessive conditions
    • The lease wording is unclear on assignment requirements
    • The outgoing tenant is worried about future liability
    • The incoming tenant wants clarity on repair obligations and hidden risks
    • There are disputes about costs, timing, or documentation

    Fixed-fee lease assignment advice

    We offer fixed fees wherever possible, so you know where you stand from the start. Typically, we take 50% upfront and the remainder before completion.

    Speak to a lease assignment solicitor

    If you’re planning to assign a commercial lease — or you’ve been asked to sign a Licence to Assign or AGA — get advice before you commit.
    Contact Cloude Law’s Specialist Commercial Lease Solicitors to discuss your lease assignment and next steps.

    FAQ: Lease Assignments

    Can a landlord refuse a lease assignment?
    Sometimes, yes — but where the lease says consent cannot be unreasonably withheld, the landlord must have proper grounds. We can advise based on your lease and the facts.
    Do I need a Licence to Assign?
    In most cases, yes. It’s the document where the landlord gives formal consent and sets conditions.
    Will I still be liable after assignment?
    Potentially, especially if you sign an AGA or if the lease/assignment documents are drafted poorly. We focus heavily on limiting ongoing exposure.
    Is assignment the same as subletting?
    No. Assignment transfers the lease to a new tenant. Subletting means you remain the tenant and grant a sublease to someone else.