Almost every commercial lease contains restrictions on assigning, subletting or otherwise transferring the leased premises to another party and will detail any requirements for transferring the lease. When this happens, a landlord can file an application with the Board to evict both the tenant and the unauthorized occupant. The Court of Appeal has held that where a landlord refuses a tenant’s request for consent to assign its lease (in circumstances where it has a duty not to unreasonably refuse consent) based on multiple separate reasons, some of which are reasonable and some of which are not, the overall decision to refuse consent can still be valid, so long as the bad reason(s) don’t vitiate the good ones. 2006, c. 17, s. 95 (1).

A breach notice (238.7 KB PDF) can be served within 21 days of a landlord becoming aware of the subletting or assigning of a lease. Some examples of when the landlord may refuse to consent to a sublet or assignment is if they require the prospective subtenant to fill out an application form and the subtenant does not do so or refuses to do so.

A landlord cannot consider the loss in value of the freehold title where the landlord has no intention of selling it. In the absence of any restriction, a lease will be freely assignable. Almost every commercial lease contains restrictions on assigning, subletting or otherwise transferring the leased premises to another party and will detail any … Landlords: unreasonably refusing consent to assign The Court of Appeal has recently provided clarification to both residential and commercial landlords as to how they can reasonably withhold their consent to the assignment of a lease. A landlord cannot refuse to consent to sublet or assignent without providing written reasons for the refusal.. Can the lease be transferred? A landlord cannot refuse to consent to sublet or assignent without providing written reasons for the refusal.. In some instances, you can sue a commercial landlord if they refuse to allow a sublease or assignment to a commercial lease.

A tenant can apply to the South Australian Civil and Administrative Tribunal to get permission if they feel the landlord is refusing without a good reason. Can a Commercial Landlord Refuse Consent to Assign a Lease? Section 19 of the Landlord and Tenant Act 1927 adds that such consent must not be unreasonably withheld. THIS QUERY OFTEN RAISES it’s head … whenever the proposed new tenant is felt to have insufficient financial resources. The assignment provision in the lease may also provide that the landlord can refuse consent in certain circumstances, such as, if, in the landlord's reasonable opinion, the incoming tenant is not of sufficient financial standing to enable it to comply with the tenant's covenants and conditions contained in …

You can assign your lease if you decide to leave your rental unit permanently during the course of the lease.

In this case the landlord may still be prepared to give consent but is entitled to refuse it. The requirement that the landlord’s consent cannot be “unreasonably withheld or conditioned” can create some uncertainty for the tenant seeking to assign the lease as it does not clearly set out criteria on which the landlord must base its decision to grant or withhold its consent. The requirement that the landlord’s consent cannot be “unreasonably withheld or conditioned” can create some uncertainty for the tenant seeking to assign the lease as it does not clearly set out criteria on which the landlord must base its decision to grant or withhold its consent. Subletting or assigning a lease without the landlord’s permission.

Your landlord can refuse to let you assign to a particular person if there is a good reason.

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