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Lease assignment -
18-03-2008, 10:28 AM
I'm trying to help a friend who has a commercial lease she wants to assign. On reading her lease there is a clause requiring her to sign an Authorised Guarantee Agreement before assignment which appears to continue to make her responsible for the rent if the assignee doesn't pay it at any time, and also to require her to take on the rest of the term of the lease if the assignee defaults. I know the law was changed to remove "privity of contract", so is this clause enforceable? Or is it an unfair contract term? Also, does it mean she will continue to be responsible no matter how many times the lease is assigned?
Anyone who can help??
Thank!
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