Check the assignment deed before lease obligations move from one tenant to another

A deed of assignment can do more than simply record that a lease is changing hands. It may also deal with indemnities, landlord consent conditions, apportionments, handover arrangements and promises that continue after completion. A review helps check whether the legal wording matches the lease and the commercial understanding between the parties. That matters because a clause that looks standard can still shift risk in a meaningful way, especially where the outgoing tenant expects a clean exit or the incoming tenant is relying on assumptions about what it is, and is not, taking on.

The most important clauses are usually the ones dealing with who takes responsibility for lease obligations, whether the outgoing tenant keeps any exposure after the transfer, how the completion date operates, and what conditions must be satisfied before the assignment takes effect. We also look closely at indemnities, references to landlord consent, compliance statements and any wording that needs to line up with the existing lease. If the deed does not reflect the underlying lease position properly, the parties can end up signing a transfer document that creates obligations they did not expect.

The review often depends on the lease itself, the stage the transaction has reached, and whether there are side arrangements between the parties about arrears, fit-out, rent apportionment or handover. A straightforward assignment can become more complex if the lease contains restrictions, unusual tenant covenants or conditions linked to consent. If there are related documents, such as a licence to assign or correspondence setting out agreed points, those can also affect how the deed should be read. The legal wording in the deed needs to be checked against the actual transaction, not viewed in isolation.

A template may help as a starting point, but it often misses the detail that matters in a live lease transfer. Assignment documents need to work with the existing lease, the consent position and the practical handover arrangements. A generic form may not deal properly with continuing liability, unusual covenants, rent or service charge adjustments, or promises made between outgoing and incoming tenants. The point of the review is to test whether the deed is suitable for this transfer and to identify where standard wording may create a mismatch with the real deal before signature takes place.

Timing will depend on the length of the deed, how settled the transaction is, and whether we also need to check the lease or related consent documents to understand the wording properly. Many reviews can be completed within a few business days once we have the relevant papers. If you are working toward a planned completion date, it helps to share that at the outset so we can confirm likely timing. If the review identifies points that need negotiation or redrafting beyond the included advice, we can discuss a separate quote for that additional work.

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