Assignment of Commercial Lease Agreement – Consent, Change of Party and Agreement | Word/PDF/Excel

Transfer of Commercial Lease – Document Package for Business Transfer

Is a business changing owners and the new entrepreneur taking over the existing lease for the premises? This document package helps the transferor, acquirer, and landlord document the landlord's consent, a conditional change of party, and financial reconciliation in accordance with Swedish tenancy law.

How to Use the Document Package

Check that the commercial lease agreement is valid and that the acquirer is actually going to take over the business there. Request written consent; if refused, a special application to the Land and Environment Court may be relevant. Do not sign an unconditional takeover before the necessary consent or permit is in place. Reconcile the deposit, previous debts, and the business's assets separately.

Finalizing: Remove any remaining placeholders, check all identities, property or agreement details, dates, and conditional options. Sign documents where required and save copies, appendices, and any decisions.

The Excel Tool – Six Actual Tabs

The Excel workbook contains Overview, Parties and Premises, Consent and Permits, Business Appendix, Reconciliation, Legal Sources. It is used for case overview, registration of relevant parties and events, and administrative follow-up. Any calculations are aids for summarization and reconciliation, not legal decisions or automatic assessment of validity and deadlines.

Legal Prerequisites and Important Limitations

As a general rule, a commercial leasehold right may not be transferred without the landlord's consent (Chapter 12, Section 32 of the Land Code). In the case of a business transfer, the Land and Environment Court may in some cases grant permission under Chapter 12, Section 36; special conditions apply, including for leasehold relationships that have lasted for less than three years. Responsibility for previous obligations must be assessed according to Chapter 12, Section 38 and the terms of the actual transfer.

When Individual Advice Is Needed: In case of dispute, complicated ownership or party situation, large compensations, uncertain agreements, boundary issues, or when a permit, decision, or special formal requirement needs to be assessed individually. The templates are not an official form, legal guarantee, or external legal review.

What Applies in the Transfer of Commercial Lease Agreements?

According to Chapter 12, Section 32 of the Land Code, a tenant may normally not transfer the leasehold rights without the landlord's consent. In the case of a business transfer, the person who leases premises for trade, craft, industry, or other gainful activity may in some cases receive the Land and Environment Court's permission under Chapter 12, Section 36. For tenancies shorter than three years, compelling reasons are required for such permission. The landlord's silence is not automatically consent.

Important Regarding Previous Rent Debts

Chapter 12, Section 38 of the Land Code contains special rules about the transferor's and acquirer's obligations before and after the transfer. It is therefore important to document unpaid rent, deposits, guarantees, restoration obligations, and any express deviations accepted by the landlord.

Note: The package does not transfer the business itself, goodwill, staff, shares, or government permits. The business transfer requires a separate agreement and may require additional review. This is not an application to the Land and Environment Court.

Frequently Asked Questions

Can you transfer a premises to another person?

Only under applicable conditions, normally with the landlord's consent or with the Land and Environment Court's permission in such a business transfer that meets the requirements of the law.

Must the leasehold relationship have lasted for three years?

Not for voluntary consent. But if permission is needed under Chapter 12, Section 36, compelling reasons are required when the tenant has held the premises for less than three years.

Is a purchase agreement for the company included?

No. The template package regulates the transfer of commercial leasehold rights and offers an appendix for documenting a separate agreement on the transfer of business operations.

Is this the same as subletting?

No. In an approved change of party, a new tenant enters; in subletting, the original tenant's relationship with the landlord normally remains.

Related Templates

Commercial Lease Agreement · Subletting of Premises · Frequently Asked Questions and Answers

Legal sources: Land Code (1970:994), Chapter 12, Sections 32, 36, and 38; Swedish Courts' Guidance on the Transfer of Premises. Version 1.0, 2026-10-27. For legally complicated transfers, individual advice is recommended.

More Relevant Templates

Commercial Lease Agreement – Basic Template · Subletting of Premises – Other Legal Document · Questions and Answers About Document Templates

Official Legal Sources and Version Information

• Land Code (1970:994), Chapter 12, Sections 32, 36, and 38
• Swedish Courts – Transfer Premises / Apply for Permission

Document version 1.0 (2026). AI-assisted source control and review of product description: October 27, 2026. No external lawyer or attorney has certified the delivery. Sources and applicable agreement should be checked at actual use.