Acting for a Landlord to consent to an assignment of the Lease
As a motel lease is a long term contract, it is very common for them to be regularly assigned from one motelier to another.
It is generally a term of any motel lease that the consent of the landlord be obtained to any assignment.
A landlord cannot unreasonably withhold consent to the assignment of a motel lease, but that does not necessarily mean it has to say 'yes'. A landlord is well and truly entitled to understand the capabilities of the buyer and go through a formal assignment process.
We act for many landlords in matters of this nature and because of our expertise, we understand what needs to happen.
In any motel lease assignment there is a ‘legal’ and a ‘commercial’ element. The legal element is always within our domain. We need to review all of the paperwork to make sure it is appropriate for the landlord to enter into. We also need to advise the landlord about its rights.
The commercial element is something that we can also be engaged with respect to. This extends to providing specifically tailored questions to be asked of the proposed purchaser along with confirmation that all of the criteria required by the lease have been met.
We have acted in hundreds of assignments and know exactly what should happen and when.