commercial lease assignment

[lam130]

Hello everyone,
Wish I'd discovered this site a while ago. Maybe I wil be able to give a little help on other topics later, but I could do with a little help myself right now.
I . until recently ran a small business and my lease has in it what I think is an absolute bar to assignment ' The tenant agrees....not to assign,sublet, or part with posession of the premises or any part thereof' . I still see many sample leases with this type of clause in it but someone told me that I now have right to assign but this seems a little strange looking at this clause.The lease was signed in August 2006.
Can anyone help please?
Also my lease can be determined by either side giving 6 months notice. Does this in effect mean that the landlord could give the tenant 6 months for any reason, or indeed for no reason at all.
I hope someone can help me on this.
Many thanks
lam130

[MrShed]

What reason did the person give you for now being able to assign? Theres no reason you would be able to.

As to your second point, it depends upon the exact wording, but basically yes.

[lam130]

Thanks very much Mr Shed.
Basically, I've been pretty naiive. I had some health problems and business was poor anyway, but we were approached by a business transfer agent and when I told him our lease did not allow assignments , he said that was rubbish. Under new legislation, we now had the right to assign and it was an easy process.
He new we needed to get out quickly and we said we were ready to give 6 months notice. Anyway I signed up a contract with this guy who promised we could get out of the contract if we gave up the lease or decided to continue the business. Now, they are seeking their fee off me. The more I research this, the more it looks like he told me a pack of lies and I would hope the contract would be void if it can't be performed?
On the second point, it says 'the lease may be determined by the landlord or the tenant giving to the other 6 months previous written notice expiring at any time'.
Thanks once again

[onlynameleft]

First point, an absiolute bar is an absolute bar. The landlord has a discretion to allow an assignment if he wants but there is no way you can force him to. Your business transfer agent would appear to be talking out of his hat asssuming there are no other clauses which permit you to assign with the landlord's consent.
As for the break clause, assuming you have the protection of the landlord and Tenant Act 1954, although the landlord could serve a break notice he would also have to serve a section 25 notice on you and also satisfy one of the grounds in that Act that allows the landlord to recover possession. Most common ones are that he wants to redevelop or occupy for his own purposes. If you get such a notice from him then you should seek the advice of a surveyor versed in landlord ansd tenant issues or a solicitor as soon as you can.

[lam130]

Many thanks onlynameleft,
Everyone I've asked has basically confirmed that an absolute bar is like it says on the tin.
These people are not going to say that they gave me this advice so I guess I will have to see if they could be professionally liable for not questioning whether or not I had the right to assign the lease. I am assuming (rightly or wrongly) that someone giving you advice in their professional capacity should have some sor of duty to you.If this was the case I guess they sold me an impossible contract.
I hope so.
Once again, my thanks for the advice.
Regards