Deed · Commercial Property & Leasing

Retail lease assignment (NSW): request for consent, assignor's protection steps and deed of assignment with lessor's consent

A pack for assigning a NSW retail shop lease: the lessee's written request for consent, the s 41 and s 41A disclosure steps and timeline, and a deed of assignment and consent between lessor, assignor, assignee and guarantor.

Kind
Deed. A deed that must be executed as a deed.
Where it applies
New South Wales
AI use
Yellow AI can help in set ways. A lawyer checks specific points before use.
Law stated as at
18 October 2026
Status
Maintained. Checked on 18 October 2026 against the 4 authorities it cites, for New South Wales.
Version
1
Source
Written for this library

When to use it

Use when a retail shop lease in NSW is being assigned, usually on the sale of a business, and the lease requires the lessor's consent. For a non-retail lease, use the deed and drop the Retail Leases Act steps.

How AI may be used

AI may prepare the request, the timeline and the deed from the lease, the business sale contract and the parties' details; the lawyer checks the lease's assignment clause, the statutory steps and every date before anything is sent or signed.

AI may

  • Extract the assignment, guarantee, security and costs clauses from the lease and list what the lease requires
  • Build the s 41 and s 41A timeline from the proposed settlement date
  • Populate the request letter and the deed from the business sale contract and company searches

AI must not

  • Must not complete the assignor's disclosure statement content, which is the assignor's own statement and loses protection if materially false or misleading
  • Must not agree to pay the lessor any amount that is not a substantiated, reasonable legal or other expense
  • Must not state that consent has been given or deemed without the lawyer checking the dates and the lessee's compliance with s 41

The lawyer checks

  • The request was made in writing, with the information the lessor may reasonably require about the assignee's financial resources and retailing skills
  • The updated lessor's disclosure statement (or the lessee's substitute) was given to the assignee, and the 28-day decision period has been calculated from the later of the request and compliance
  • For assignor protection, the updated lessor's disclosure statement and the assignor's disclosure statement went to the assignee, and the copy and disclosure confirmation went to the lessor, at least 7 days before the assignment
  • Guarantees, security bonds or bank guarantees from the assignee are in place and the assignor's security is to be returned

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

Read the full text

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