Assignment of Lease & Right to Compensation

Assignment and Subleasing

Know your rights

A tenant has a right in terms of the Act to assign the lease subject to the tenant providing full particulars of the proposed assignment and asked the lessor in writing to consent to it.

A tenancy dispute may exist if :

1. The lessor tries to impose on the prospective assignee – too complex an obligation that is not really the lessees obligation under the lease,or
2. The landlord tries to impose a condition for consenting to the assignment that the lessee considers unreasonable.

Right of compensation is to be paid by a landlord of retail shopping centres to a tenant

Given the large amounts of refurbishment and re-developments that has taken place in shopping centres of late throughout Australia and the disruption that such re-developments has caused to tenants, one of the most powerful protective tools you have has at your disposal is contained in all State Acts .

This is the right to receive compensation if the landlord acts in a way that disrupts the tenants business. The wording in most State Acts is similar.

HYMIE ZAWATZKY