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Assignment Of Lease From Seller To Buyer
"I need an Assignment of Lease From Seller To Buyer document for my retail shop in Auckland CBD, with the assignment to take effect from March 1, 2025; the landlord has already given verbal consent but we need to formalize everything."
1. Parties: Identifies all parties: the existing lessee (Assignor), the new lessee (Assignee), and the Landlord
2. Background: Outlines the existing lease details, including original lease date, property description, and current status
3. Definitions: Defines key terms used throughout the document
4. Assignment: Core clause that transfers the lease from Assignor to Assignee
5. Effective Date: Specifies when the assignment takes effect
6. Assignor's Covenants: Assignor's warranties and obligations regarding the lease status and assignment
7. Assignee's Covenants: Assignee's commitments to comply with lease terms and obligations
8. Landlord's Consent: Confirmation of the Landlord's approval of the assignment
9. Costs: Allocation of legal and other costs related to the assignment
10. Execution: Formal signing section with necessary attestations
1. Guarantor Provisions: Include when there are guarantors for the Assignee's obligations
2. Outstanding Breaches: Include if there are any existing lease breaches that need to be addressed
3. Rent and Outgoings Apportionment: Include if there needs to be a specific agreement about how rent and expenses are divided between Assignor and Assignee
4. Security Deposit Transfer: Include if there is a bond or security deposit to be transferred
5. Condition of Premises: Include if specific premises condition issues need to be addressed
6. GST Provisions: Include detailed GST clauses if either party is GST registered
1. Schedule 1 - Lease Details: Copy or summary of key lease terms including rent, term, and permitted use
2. Schedule 2 - Property Description: Detailed description of the leased premises including any plans or drawings
3. Schedule 3 - Inventory: List of any fixtures, fittings or equipment included in the lease assignment
4. Appendix A - Original Lease: Copy of the original lease document and any variations
5. Appendix B - Landlord's Consent: Formal written consent from the Landlord if provided as separate document
6. Appendix C - Condition Report: Current condition report of the premises if required
Authors
Real Estate
Retail
Commercial Property
Industrial
Hospitality
Professional Services
Healthcare
Education
Manufacturing
Warehousing and Distribution
Legal
Property Management
Operations
Facilities
Real Estate
Contract Administration
Corporate Services
Risk Management
Commercial
Property Manager
Real Estate Agent
Commercial Lawyer
Legal Counsel
Tenant Representative
Lease Administrator
Business Owner
Commercial Property Manager
Operations Manager
Facilities Manager
Contract Manager
Company Secretary
Property Portfolio Manager
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