Apply to assign a lease

If you lease a building and/or land from the Council, you will normally require our consent as landlord to the assignation (transfer) of the lease to another party (the assignee).

Please read your lease for details of conditions that apply to the assignation of your lease. This is usually within a clause headed “Alienation”.

If consent is granted, then it will be authorised by the Council as a party to the assignation document. As the tenant, you will be responsible for preparing the draft assignation. It is recommended that you instruct a solicitor to prepare the assignation document, though it is not mandatory.

Your application should include:

• a draft assignation document
• assignee's accounts for the previous three years*
• a business plan for the proposed assignee’s first three years’ use of the property, following the assignation

The business plan must state proposed assignee’s use of the subjects, including financial projections for a minimum of the first three years, or the unexpired term of the lease if less than three years. This is a link to the Business Gateway's example of a business plan for what is required.

*(Or an explanation as to why they are not available, for example, the organisation is newly formed).

Please provide details in your application if the proposed assignee:

• intends to use it for a different use
• has planning permission for a change of use
• has a variation to the lease, including an extension to the lease

Where a change to the terms of the lease is required, then the draft document should include these changes and will be an assignation and variation.

These must be submitted at least one month before the proposed date of the assignation. We will also need all other documents that form part of your application.

You will be responsible for the Council’s costs in considering the application (and, where appropriate, granting consent). The Council’s costs start from £544.

The costs include registering the assignation in the Books of Council and Session and obtaining two extract copies (one for the tenant). An estimate of the Council’s costs will be provided following receipt of a valid application.

For community groups and sports clubs (other than professional clubs), the Council’s costs will be restricted to the £44 charge by Registers of Scotland for recording the assignation document. For further information, please read the guidance notes for community groups and sports clubs - apply for the Council’s consent to assign lease.