When selling lease rights can be profitable
Assignment of lease rights, including for money, allows to obtain leases on the same terms on which the contract was made with the previous tenant. In the case when the lease was signed for the long term and on particularly advantageous terms, when he was properly registered in bodies of Federal registration service, the contractor, even having bought the right to lease, not for nothing. Assignment of lease rights is also used in cases when the lease was originally issued on one of the enterprises entering into holding, and then the tenant becomes another company of the same holding company.
What you need to pay attention when signing the contract
Note that the sale of lease rights is not the same sublease. In the first case all rights and obligations stipulated in the previously signed lease contract shall pass to the company and the original tenant is completely excluded from the contractual relationship between the landlord and the company. When you sublease, the counterparty enters only the right to use the rented property, and then at the deadline.
The sale of lease rights is the only possible solution with the assignment of this right. The agreement between the first tenant and a contractor must be compensated to eliminate the risk of invalidation of such contract as of gift, since this form of transfer of real property rights is prohibited between legal entities. That is why only the contract of rehiring the right to lease that specifies the amount and order of payment the new tenant, it will be difficult to challenge and invalidate. This contract must be agreed not only to transfer the right of lease, but also those duties that are assigned to a new tenant: the order and conditions of use transferred in the rental property, its contents and the issues of payment of rent and repair.
The text of the Treaty rehire must also provide for the transfer to the new tenant the previous documents. It must contain the original primary lease, the original certificate of state registration of lease rights, technical and cadastral passport for a building or premises, cadastral passport or plan of the land plot, and also the documents confirming timely payment of rent the previous tenant. The contract rehire is made in the form of a lease, as in this case, it is the main contract. In the case where the initial lease contract was registered in the Federal registration service, the contract of rehiring also subject to mandatory registration.
