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No lessor consent = no release for the tenant

No lessor consent = no release for the tenant

TMNT, the usage runs with the lease. If the prospect wants to change the use from cafe to pie shop, then they would need to renegotiate the lease to widen/modify the usage clause. The lessor may consider the change of use, for a rent increase. The retail leases act only prohibits the...

It would not be unreasonable for the Lessor not to agree assign the lease for a second time within the lease term.

Key money is prohibited under the NSW retail leases act - RLA NSW If the rent is below market, then there is nothing stopping the tenant selling this benefit to the proposed assignee (yes, you can value a lease based on how much below/above market it is). Unfortunately, the Lessor is bound by...

No - key money is a kickback to the lessor for the assignment of the lease (in lieu of a new lease with adjustment to market rent). If the new tenant occupies without assignment then its a breach of the lease and it can be terminated by the lessor who will seek damages for their losses this...

It is also referred to as key money - a somewhat shady practice outlawed under the retail leases act.

An assignment of lease is a totally different beast to subletting. The assignment sees the tenant effectively transfer their rights under the lease to a third party. The lessor may impose conditions like requiring the original tenant to guarantee the performance of the assignee for the rest...