Lease Assignment Agreement

Transfer a lease from one lessee to another

€ 10,00 excl. btw

A lease assignment agreement includes arrangements about the transfer of a lease contract to someone else. The arrangements are passed to the new lessee without any changes. For catering establishments a specific model is available, because the brewery is a co-signatory too.

Up to date: Dutch law and regulations 2024/2025

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Description

Assignment of lease agreement

A lease agreement business space can’t be terminated before the end of the term. Upon sale the current lease contract must be transferred to the new owner. For this you can use our lease assignment agreement.

In principle, the lessor (retail space, office space, catering establishments and the like) has an obligation to cooperate, unless there are well-founded objections. When renting out residential property other rules and regulations apply: in this case it’s possible to refuse without stating reasons.

Also in Dutch: Indeplaatsstelling Huurovereenkomst

What is the difference

A lease agreement assignment isn’t a new lease agreement. It’s a continuation of the current arrangements in the name of someone else. All rights and obligations are passed unchanged, including the rent. The agreement is signed by 3 parties: the lessor, current lessee and new lessee. In case of an acquisition of a catering establishment (in Dutch: overname horecaonderneming) the brewery is a co-signatory, so 4 parties will sign the agreement.

What to fill in yourself

Fill in the name and address of the property. State the date on which the agreement will be transferred and registered in the name of the new lessee. By signing the agreement the new lessee will take over all obligations. The current lessee guarantees the payment of the rent until the date of transfer.

Summary

Contains provisions on:

Description of the parties;
Details of the lease agreement;
Date of transfer;
Guarantees.

Context

This document can be used in the following situation:
An assignment of lease is a title document that transfers all rights possessed by a lessee to another party. This is usually the case when someone buys a company and the new owner wants to continue business operations at the same location.

In practice, a lessor will cooperate. However he does run a risk, because the new lessee is an unknown party. Before signing it’s possible to ask for additional guarantees, such as a rental guarantee (in Dutch: garantstelling huur). Apart from that, the new lessee also has to take responsibility for obligations such as a security payment.