LEASING TIPS
By Harvey M. Haber, Q.C
Yell !
A landlord must not remain silent after an assignment or a sublease which is in breach of its lease.
Why not?
Because if a landlord does not object (in writing), its silence may be deemed to be consent to such a transaction.
Amalgamation
An “amalgamation” is not an assignment.
If a landlord wants to protect itself from the possible effect of an “amalgamation”, then its lease must specifically provide that the tenant cannot effect an “amalgamation” without the landlord’s prior written consent.
Acting Reasonably
At present, there is no implied obligation on the landlord to act reasonably in withholding its consent to a proposed assignment or subletting.
Therefore, a tenant must ensure that the landlord’s consent to a proposed assignment or subletting by the tenant is not to be unreasonably withheld.
Many of you who receive my monthly newsletter might know someone involved in commercial leasing who could use my help from time to time. I am always delighted to help, on a complimentary basis, when someone has a simple question about commercial leasing.
Please feel free to call me or pass along my name. And, if my firm can help you with a legal matter, that’s another reason to call.
I am delighted to inform you that in addition to being a Chartered Mediator and Arbitrator, I have been appointed as an International Mediation Institute (IMI) Certified Mediator. Don’t hesitate to call me if you need a Mediator or Arbitrator.