In Belgium

Lease assignment differs fundamentally from subletting. In subletting, the main tenant stays in the lease and adds a sub-tenant. In an assignment, the tenant exits the lease completely and a third party replaces them — with all the rights and obligations of the original lease.

For residential leases, assignment is prohibited without the landlord’s written consent.

For commercial leases, the situation is reversed: assignment is permitted by default (Article 10 of the Act of 30 April 1951), unless the contract states otherwise. The assignee must continue the same or a related commercial activity. The landlord can only refuse for serious reasons.

The rental guarantee of the assigning tenant is released and the assignee constitutes a new one.

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Warning
In commercial leases, the landlord may require a rent increase at the time of assignment if market conditions have changed. The assignee then negotiates terms with the landlord.

Practical example

Sophie runs a clothing shop in Namur under a commercial lease. She wants to leave and assign her lease to Marie, who will open a fashion accessories shop (related activity). The landlord is informed and does not object. An assignment deed is signed: Marie takes over the lease for the remaining 5 years at the same rent.