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    Question re tenant selling leasehold

    Thanks Scott & Handy Andy. Are you guys saying that as a landlord of the building or premises, you could somehow block a tenant from selling his business to a buyer ? Cheers crest133
  2. C

    Question re tenant selling leasehold

    I can see your point of view Scott. However, where this might not suit you is if you sold a tenanted investment commercial property where you're the landlord and the new purchasing lessor wants to hold you over as guarantor until the end of the current 5 year lease in case the investment doesn't...
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    Question re tenant selling leasehold

    Very good points Scott. The terms of the lease should state whether that's the case and under what circumstances the landlord should agree to an assignment of the lease. The outbound lessee should not be liable for the future performance of the new lessee. Cheers crest133
  4. C

    Question re tenant selling leasehold

    Wonder if the stranger guarantor type clause would hold up in court ? Not sure if there's a clear definition of "harsh and unconscionable" but surely that clause would come close.
  5. C

    Question re tenant selling leasehold

    There are some onerous leases around so definitely get expert advice on this situation. My friends got caught with one and as lessees when they sold the leasehold to another lessee, lease provisions held the seller over as guarantor for the new lessee(yes as guarantor for strangers) until the...
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