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Aston Lawyer
Aston Lawyer, Property Solicitor
Category: UK Property Law
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Experience:  LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
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If a license to assign for a commercial lease has been signed

Resolved Question:

If a license to assign for a commercial lease has been signed by the tenant, but has not been signed by the landlord is it still a legal binding document in the eyes of the law. There are directors who have signed the license to assign as guarantors, but there was no solicitor involved. So will this be a legal binding document? Note the landlord has not signed this document.
Submitted: 1 year ago.
Category: UK Property Law
Expert:  Aston Lawyer replied 1 year ago.

 

Hi there,

 

Thanks for your enquiry.

 

The Licence to Assign is only valid if it has been signed by both the Tenant and Landlord.

 

This is because the document and the consent only becomes legally binding once the Landlord has signed the document.

 

I hope this answers your question.

 

Kind Regards

AL

Aston Lawyer, Property Solicitor
Category: UK Property Law
Satisfied Customers: 9211
Experience: LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
Aston Lawyer and other UK Property Law Specialists are ready to help you
Customer: replied 1 year ago.

There was a commercial lease signed previously. The tenant went into administration, then the new company signed the license to assign, which has not been signed by the landlord. Does the license to assign replace the previous lease.

Expert:  Aston Lawyer replied 1 year ago.

 

Hi again,

 

Thanks for your reply.

 

A properly executed Licence to Assign only transfers the remaining length of the existing Lease to the new Tenant, but if the Licence has not been signed by the Landlord, it is not legal or binding.

 

Does this assist?

 

Kind Regards

AL

Aston Lawyer, Property Solicitor
Category: UK Property Law
Satisfied Customers: 9211
Experience: LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
Aston Lawyer and other UK Property Law Specialists are ready to help you
Customer: replied 1 year ago.

Thanks for your answer.


 


So does that mean the first lease papers and the license to assign are not valid? There are guarantors on the first lease, and also on the license to assign. What happens with the guarantors? Can the landlord come after the guarantors for money?

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