Whether you are selling your business, downsizing, or expanding into a larger space, you may be looking to assign your lease to someone else. In order to do so, you will need the landlord’s consent. But obtaining consent to a lease assignment is not always straightforward. In many cases, it can become a hurdle filled with delays, uncertainty, or unexpected conditions.
Fortunately, in Queensland, this process is now governed by a clear legal framework that helps protect tenants from unreasonable refusals and long decision delays. Even if your lease includes its own consent conditions, landlords are now required to follow a defined process when responding to assignment requests.
After finding a suitable person or business to take over your lease, the assignment process generally involves three key stages.
1. Submitting a Written Request to the Landlord
The first step is to notify your landlord that you wish to assign the lease, and to provide all the information reasonably required to assess the request.
This is done by first reviewing the lease for any specific requirements, and then submitting to the Landlord a Proposal Notice requesting the consent to assignment of Lease, along with the following:
• The name and background of the proposed new tenant
• Their financial position and business experience
• addressing any details required under the Lease;
Typically the tenant is expected to take over the Lease on same terms; however, if there are any proposed changes for example, to permitted use those changes should be clearly explained, along with reasons.
If anything is unclear or incomplete, the landlord is entitled to request further information. It is therefore important to prepare a clear, complete and comprehensive notice from the outset. This helps avoid delays and gives your request the best chance of being approved without complications.
2. Receiving the Landlord’s Response
Once the landlord has received all of the required information, they are legally required to provide a response within one month. This is a key part of the process and helps prevent uncertainty or unnecessary delays.
The landlord’s response must be in writing and is referred to as a Decision Notice. It must clearly state whether consent to the assignment is granted or refused. If consent is given, the landlord may include reasonable conditions. If consent is refused, they must provide clear reasons for the refusal.
Landlords are required to act reasonably when making their decision. This means they cannot delay without justification, refuse consent arbitrarily, or impose conditions that are excessive or unrelated to the assignment. For example, it may be reasonable for the landlord to request a personal guarantee or security bond from the incoming tenant, but not to demand significant changes to the lease terms unless those changes are necessary and proportionate.
Once you receive the Decision Notice, it is important to review the contents carefully. If consent has been granted with conditions, consider whether those conditions are fair and consistent with the lease. If anything is unclear, appears unreasonable, or feels like a barrier to the assignment, it may be appropriate to seek legal advice before responding.
3. Responding to a Refusal or Unreasonable Conditions
If the landlord refuses consent to the lease assignment, attaches conditions that seem unfair, or simply fails to respond, the tenant may be able to apply to the court for relief.
Under Queensland law, a lessee may apply to the court to make a decision about their proposal if:
• They believe the lessor has unreasonably withheld consent
• They believe a condition attached to the consent is unreasonable, unnecessary or onerous
• The lessor has failed to issue a Decision Notice within the required timeframe
Before applying to the court, it is essential to ensure that your proposal was properly prepared and that all reasonably required information was given to the landlord. If the correct process has been followed, and the landlord’s conduct is not supported by the lease or the law, the court may intervene.
The court has discretion to review the landlord’s decision and may:
• Declare that the landlord’s refusal was unreasonable
• Vary or remove unreasonable, unnecessary or onerous conditions
• Order that consent is deemed to have been given
This legal safety net ensures that tenants are not unfairly blocked from assigning their lease when they have complied with the proper procedures and proposed a suitable replacement tenant.
Final Thoughts
Assigning a lease in Queensland is no longer a process left to chance or landlord discretion. With the introduction of clear legal requirements, tenants are now better protected and have a defined pathway to request consent, challenge unfair decisions, and move forward confidently.
By understanding your lease, preparing a comprehensive Proposal Notice, and following the process carefully, you can minimise delays and improve your chances of receiving a timely and reasonable response.
If your landlord refuses consent, takes too long to respond, or imposes unreasonable, unnecessary or onerous conditions, you may have legal options available through the court.
Being proactive, informed and prepared can make the difference between a smooth assignment and a costly dispute.
Need Help Navigating a Lease Assignment?
If you are preparing to assign your lease or are already facing a difficult response from your landlord, it is worth seeking legal advice as early as possible.
At Ardor Legal, we can:
• Review your lease and provide guidance on what should be included in your Proposal Notice
• Help you prepare a clear and compliant request
• Assess the reasonableness of any conditions attached to the landlord’s consent
• Negotiate reasonable terms of the assignment on your behalf
Whether you are a tenant, business owner or advisor, having the right legal support can protect your interests and keep your lease assignment on track.
Book a complimentary discovery meeting with one of our experienced team members to see how we can help you secure an assignment of Lease.
Frequently Asked Questions (FAQs)
Do I always need the landlord’s consent to assign a lease in Queensland?
Yes. You must obtain the Landlord’s consent before assigning your Lease. The landlord is legally required to follow a defined process and must act reasonably when considering your request.
How long does a landlord have to respond to a request for consent to a lease assignment?
Under the Property Law Act 2023 (Qld, a landlord must provide a written response within one month after receiving all information reasonably required to assess the tenant’s request for consent to assign the lease. This response is referred to as a Decision Notice.
What can I do if the landlord does not respond to my request for assignment of lease?
If the landlord does not issue a Decision Notice within one month of receiving all required information, the tenant can apply to the court. The court can review the delay and may order that consent be deemed to have been given or take other appropriate action.
Can a landlord refuse consent to a lease assignment without giving reasons?
No. A landlord who refuses consent must issue a written Decision Notice stating the refusal and explaining the reasons. If no reasons are given or the reasons are not considered reasonable, the refusal may be challenged under Queensland law.
What types of conditions can a landlord attach to a lease assignment?
A landlord may attach conditions to a lease assignment, but those conditions must be reasonable, relevant and not excessive. Common conditions include providing a personal guarantee or lease security. If the conditions are found to be unreasonable, unnecessary or onerous, they can be challenged by the tenant.
Is the assignee tenant required to take over the lease on the same terms?
In most cases, yes. The proposed assignee is generally expected to take over the lease on the same terms as the existing tenant. If any variations are proposed, such as a change to the permitted use, these must be clearly explained in the Proposal Notice.
