commercial-lease-assignment-consent-framework

Statutory Framework (s.24)

Default Rule: Tenant May Assign/Sublet Freely

s.24(1): "A covenant in a lease that the lessee will not assign or sublet without leave shall, unless the lease contains an expressed provision to the contrary, be taken to be subject to a proviso that such leave is not to be unreasonably withheld."

Default: If lease silent on assignment, tenant may assign freely (no landlord consent required)

Implication: Commercial leases ALWAYS include assignment restrictions

Lease Can Restrict: "Consent Not to be Unreasonably Withheld"

Standard restriction: "Tenant shall not assign or sublet without landlord's prior written consent, such consent not to be unreasonably withheld."

Effect:

• Tenant cannot assign without consent (lease restriction)
• BUT landlord cannot refuse consent unreasonably (statutory limit per s.24)

Burden of proof: Landlord must prove consent refusal reasonable (tenant does NOT prove unreasonableness)