Author: Bianca Kratt KC

This paper examines factors at play when commercial leases are assigned, and considers some of the interests of landlords, tenants, and assignees. Topics addressed include privity of contract and privity of estate; the nature of an assignment; reasons for assigning a leasehold interest; lease obligations; considerations when deciding between an assignment and a sublease; consents to an assignment; and considerations when negotiating an assignment agreement, clause, or lease provision.

This paper is part of a collection presented at LESA’s Real Estate Conference in Kananaskis on October 20 & 21, 2023.