A lease transfer should be reviewed for its continuing obligations as well as its price. Before completion, establish which promises bind each party and what the transaction documents say about future responsibility.
Identify the applicable regime
The Landlord and Tenant (Covenants) Act 1995 addresses the passing of lease covenants and release on assignment. Its rules distinguish different situations, including new and other tenancies. Ask the conveyancing solicitor to establish how the Act applies to the particular lease, rather than assuming every assignment has the same result.
Separate the parties’ positions
The Act includes a tenant-release provision and a separate procedure through which a landlord may seek release. It also deals with authorised guarantee agreements. Those features are reasons to examine the paperwork carefully, not a basis for assuming that every outgoing party becomes free of all liability.
Assemble the transaction history
Provide the lease, variations, previous assignments, consents and guarantees to the adviser. Identify arrears, unresolved repair issues and any disputed obligations. Request a written explanation of what ends, what transfers and what may continue after completion.
Make the handover usable
Agree who receives notices, which records will be supplied and how outstanding matters are documented. Keep a final signed set with the completion statement. If an obligation is unclear, resolve it before relying on the transfer as a clean break.
This is an introductory checklist for England and Wales. It does not determine the validity of an assignment, guarantee or claim.
Editorial review: 15 October 2026. This original Property Perpetuity guide replaces the imported text; the original archive publication date is retained.