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Assignment Of Lease Agreement
"I need an Assignment of Lease Agreement for transferring my retail shop lease in Auckland CBD to a new tenant, with the assignment to take effect from March 1, 2025, and including specific provisions for the transfer of existing shop fittings and security deposit."
1. Parties: Identifies all parties to the assignment: the Assignor (current tenant), Assignee (new tenant), and Landlord
2. Background: Recitals explaining the existing lease arrangement and the intention to assign the lease
3. Definitions: Defines key terms used throughout the agreement including 'Lease', 'Premises', 'Assignment Date', etc.
4. Assignment: Core clause that effects the transfer of the lease from Assignor to Assignee
5. Consideration: Details of any payment made for the assignment
6. Landlord's Consent: Confirmation of the Landlord's consent to the assignment as required by law
7. Assignor's Warranties: Warranties given by the current tenant about the lease and premises
8. Assignee's Covenants: New tenant's promises to comply with lease terms and obligations
9. Costs: Allocation of legal and other costs related to the assignment
10. Completion Requirements: Actions required to complete the assignment process
11. Execution: Formal signing section including witness requirements
1. Security Assignment: Required when existing securities or bonds need to be transferred or replaced
2. Guarantees: Include when the Assignee is providing personal or corporate guarantees
3. Outstanding Breaches: Needed when there are existing lease breaches that need to be addressed
4. Fit-out and Improvements: Required when there are specific arrangements regarding existing fit-out or improvements
5. GST Provisions: Include when the assignment has GST implications
6. Break Clause Assignment: Include when there are special provisions about assigning break clause rights
1. Original Lease: Copy or details of the original lease being assigned
2. Premises Details: Detailed description of the premises including address and any plans
3. Condition Report: Current condition of the premises at time of assignment
4. Existing Securities: Details of any existing securities or bonds
5. Consent Conditions: Any specific conditions imposed by the Landlord for consent
6. Outstanding Matters: List of any outstanding rent, outgoings or maintenance issues
Authors
Commercial Real Estate
Retail
Industrial
Residential Property
Hospitality
Healthcare
Education
Professional Services
Manufacturing
Warehousing
Legal
Property Management
Real Estate
Operations
Facilities
Compliance
Corporate Services
Administration
Risk Management
Finance
Property Manager
Real Estate Lawyer
Leasing Manager
Commercial Property Agent
Tenant Representative
Legal Counsel
Business Owner
Facilities Manager
Real Estate Portfolio Manager
Compliance Officer
Operations Manager
Corporate Lawyer
Real Estate Director
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