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Licence to assign checklist

Make it Legal™ Checklist

Here are a few important steps to take to finish your document

Read the licence to make sure it meets your needs. In particular, check whether the current tenant is required to provide an Authorised Guarantee Agreement under the lease and whether that has been included in the licence.

Remember that if you have any questions you can easily Ask a lawyer.

The licence to assign needs to be signed only by the landlord who is giving their consent for the lease assignment with this licence.

Signing as a deed

If the lease requires that a licence to assign is signed as a deed:

  • Print a copy of the licence to assign for each of the parties, ie the landlord, the tenant and the assignee. 

    You must print a copy of your deed and sign it physically. Deeds can legally be signed using electronic signatures, but extra care must be taken when signing electronically to ensure that all of the formalities for execution of the particular type of deed are met. This deed is, therefore, designed to be signed by hand (ie ‘wet-signed’) to ensure that it is executed correctly.
  • The landlord needs a witness to sign the licence. The witness must be independent, have mental capacity and should:

    • not be a family member
    • not be under the age of 18
  • The landlord should sign, using their normal signature on the line over their name, and date each copy of the licence in front of their witness.

  • The witness must sign each copy of the licence on the line beside the words “Witness signature” using their normal signature and then add their name address and occupation as noted on the licence.

Signing as a simple agreement

If the lease does not require that the licence is signed as a deed:

  1. Print a copy of the licence for each of the parties, ie the landlord, the tenant and the assignee.

  2. The landlord should sign, using their normal signature on the line over their name, and date each copy of the licence.

Each party should make a copy of their signed licence and store the originals safely away.

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