Transferring or Assigning a Commercial Lease

Law Tram simplifies commercial leasing matters by connecting you with licensed Australian lawyers who can provide tailored advice on lease assignments, transfers and related legal issues. This fully online and obligation-free service helps you understand your rights, responsibilities and options at every stage of the process.

Buying or selling a business? The lease matters just as much as the business​

In many small business purchases, the commercial lease is one of the most valuable (and risky) components of the deal. Whether you’re the seller or the buyer, you’ll need the landlord’s consent to transfer or assign the lease and that consent is not guaranteed.

Common issues include unreasonable delays, hidden liabilities, personal guarantees, unpaid rent, or needing to negotiate entirely new terms. These can cause a business sale to fall through or create long-term legal and financial risks if not handled properly.

Law Tram connects you with lawyers who can review the lease, negotiate changes, liaise with landlords and make sure your rights are protected throughout the transfer process.

Person getting legal advice from an Australian lawyer about a commercial lease transfer.

Law Tram's Legal Partners can assist with lease transfer matters, including:

Why choose Law Tram

Person reviewing a commercial lease transfer with a legal adviser in Australia.

How it works

Confidential and Secure Questionnaire

Start by completing our secure online questionnaire. This step allows you to provide essential details about the lease and your role in the business transfer.

Confidential Legal Summary

Law Tram’s advanced technology generates a confidential legal summary of your matter while keeping your personal and commercial details private.

Review by Licensed Australian Lawyers

Your confidential legal summary is shared with our network of vetted lawyers who review your case to determine how they can assist.

Connect with a Lawyer

If a lawyer believes they can help, they will initiate a chat with you through the Law Tram platform. Your contact details remain private unless you choose to share them.

No Obligation

You are under no pressure to retain any lawyer unless you are confident in their ability to assist. Law Tram empowers you to make informed decisions.

What others are saying

Michael – Newcastle

I had a buyer lined up but the landlord delayed giving consent for weeks. The lawyer pushed it through and saved the deal.

Meera – Adelaide

I didn’t realise I was still liable under the lease even after selling. The lawyer helped me get a proper release.

Luke – Townsville

I was buying a franchise and the lease terms were too risky. The lawyer helped renegotiate with the landlord.

Legal information only – not a substitute for advice

This page provides general legal information only. It is not legal advice and should not be relied on as such. Commercial lease transfers involve legal obligations that can affect your business and financial risk. You should seek advice from an Australian Legal Practitioner before proceeding.

Note: “Free service” refers only to Law Tram’s platform and process, not the legal advice itself.

Person consulting a solicitor on transferring a commercial lease in Australia.

Take the first step toward resolution

Law Tram offers a secure, efficient and supportive way to connect with lawyers who understand the legal issues involved in transferring or assigning a commercial lease during a business purchase or sale. Whether you are reviewing the lease, negotiating assignment terms or seeking landlord consent, our platform helps you access tailored legal advice before you proceed.

Take the first step with clarity and peace of mind by starting your free online consultation with Law Tram now.

Frequently Asked Questions

It is the legal transfer of lease rights and obligations from the current tenant (seller) to the new tenant (buyer), usually with landlord approval.

Not always. Most leases require the landlord to act reasonably, but they can refuse in some situations. Legal advice can help you respond.

Possibly. In some cases, the outgoing tenant remains liable unless released. A lawyer can help you obtain a release clause.

Sometimes. The landlord may be open to renegotiation. A lawyer can help request amendments or draft a new lease.

You don’t have to accept them. Legal advice can help you negotiate better terms before you commit to the purchase.

Landlords generally must act reasonably, but they can refuse consent in certain situations, such as poor financial capacity of the incoming tenant or breaches under the existing lease.

Most leases allow the landlord to charge reasonable legal and administrative costs for processing the assignment, and these fees are usually paid by the outgoing tenant.

Common requirements include an assignment deed, financial information from the incoming tenant, updated insurance certificates and any landlord-specific application forms.

I HAVE ALREADY STARTED A CONSULTATION

Or start a new consultation below:

Family Law

Going through separation or parenting disputes? Connect with family lawyers who offer clear, confidential advice to help you make informed decisions

Property Conveyancing

Buying or selling property? Law Tram links you with lawyers who handle conveyancing efficiently, ensuring contracts, titles, and settlements are legally sound and smooth.

Criminal & Traffic Law

Charged or under investigation? Law Tram links you with criminal lawyers who explain your rights, guide your defence, and help you move forward with clarity.

Business Purchases & Sales

Buying or selling a business? Law Tram helps you connect with commercial lawyers for contracts, due diligence, lease transfers and negotiations.

Contract & Commercial Law

Starting a business, managing contracts, or resolving disputes? Connect with lawyers who provide clear, tailored advice to protect your interests.

Debt & Insolvency

Are you owed money? Struggling with debt or facing bankruptcy? Law Tram connects you with lawyers who explain your legal position and help explore practical, lawful ways forward.

Deceased Estates

Managing a loved one’s estate or facing a dispute? Law Tram connects you with lawyers who offer clear support for probate, administration, or contesting wills.

Defamation Law

Reputation damaged online or elsewhere? Law Tram helps you connect with defamation lawyers who understand how to protect your rights.

Employment Law

Unfair dismissal, workplace issues, or contract concerns? Law Tram links you with employment lawyers who can explain your rights and guide you through your options.

Migration Law

Visa concerns, cancellations, or appeals? Law Tram connects you with migration lawyers who explain your rights and help you navigate Australia’s migration system.

Personal Injury

Suffering from an injury or illness? Law Tram helps you find personal injury lawyers who can explain your rights and options for seeking fair compensation.

Tenancy Law

Whether it’s unpaid rent, bond issues, eviction, or repair delays, Law Tram connects you with tenancy lawyers who can explain your rights and help resolve your matter quickly, lawfully, and with confidence.

Traffic Law

Support for licence suspensions, fines, court hearings and serious driving charges. Law Tram connects you with experienced traffic lawyers, fast and securely.

Wills & Power of Attorney

Planning ahead? Law Tram connects you with lawyers who prepare wills and powers of attorney, helping you protect your future wishes with legal certainty.

General Assistance

Not sure where your legal issue fits? Share your matter securely and we’ll match you with a lawyer who can help or point you in the right direction.