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Assignment of commercial rack rent leases—assignee’s practitioner checklist: due diligence, landlord’s consents, conditional contracts, completion, SDLT/LTT and HM Land Registry registration (England and Wales)

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This Checklist is primarily for use on the assignment of a commercial lease

This is a guidance tool for assignments of commercial leases. It is not comprehensive and may not address every circumstance on each deal. You should always consider whether any additional matters require attention. It works on the basis that:

  • the lease relates to commercial premises let at an open market rent to an occupier, on terms under which the landlord insures the premises
  • the assignor has used the premises for business purposes and the assignee likewise intends to use them for their business
  • the lease is a head lease and the premises are not held under any underleases
  • the lease is not subject to a fixed charge (this would be uncommon in practice), and
  • no premium is payable

If the assignment forms part of a wider or more complex arrangement, you may find further relevant material in Acquisition of commercial property (buyer)—checklist and Practice Note: Transferring commercial property—a practical guide. If acting for the assignor, refer to Assignment of a rack rent lease (assignor)—checklist...

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Web page updated on 20/05/2026

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