Lessor’s Consent on Lease Assignment: Making a Good Impression

By
John Kafrouni
15 Sep 2011
5
min read

When buying a business, it is important to start on the right foot with the landlord.

A business operated from leased premises cannot be transferred to a buyer without the landlord’s consent. The landlord will normally want to ensure that the buyer is of good character, has sufficient experience to run the business well and has the financial standing to support the lease obligations. This is especially if the business hits hard times, as we are in now.

Therefore, it is important for the buyer to impress a landlord in the short time required to complete the business sale contract.

This is often achieved by providing the landlord with the following documents in advance of a meeting with the landlord:

  • two business references;
  • statement of assets and liabilities;
  • summary of business experience/CV;
  • business plan.

It is common for the landlord to want to meet the buyer of a business before giving consent. First impressions are important so prepare and dress well for the part. Demonstrate to the landlord that you are capable of taking the business to a better level than the current owner!

Joe Kafrouni, Legal Practitioner Director, Kafrouni Lawyers

Disclaimer

The information provided by Kafrouni Lawyers is intended to provide general information and is not legal advice or a substitute for it. Business people should always consult their own legal advisors to discuss their particular circumstances. Kafrouni Lawyers makes no warranties or representations regarding the information and exclude any liability which may arise as a result of the use of this information. This information is the copyright of Kafrouni Lawyers.

Liability limited by a scheme approved under professional standards legislation.

Consultation

For new clients, I offer a paid initial phone consultation for $1,430 (incl. GST), which covers up to two hours of my time.

This option provides a relatively low-risk way for us to discuss your situation and explore how I may be able to help. I will provide initial advice and direction where possible. However, most matters require more than two hours to complete; if that’s the case, I’ll provide a follow-up proposal outlining how I'm able to help and an estimate of legal fees.

I set aside only a limited number of consultation times. If you can’t find a suitable time, or would like to clarify anything before booking, please get in touch — I’ll do my best to accommodate you.