Do franchisors need to hold the lease for their franchisees' premises?
Answered by Warren Scott from Mills Oakley Lawyers
There is no legal obligation for franchisors to hold the lease for a premises occupied by their franchisees. I recommend that, for strategic sites, the franchisor holds the lease to ensure that it has control. In major shopping centres, the landlord will require the franchisor to hold the lease - they will not deal with a franchisee. However, in all other situations I recommend that the franchisor obtain legal advice about how they can maintain control over the premises without taking on direct liability to the landlord for rental payments.
About Warren Scott
Warren Scott is the Partner at Mills Oakley Lawyers. Warren is a recognised expert in franchising law. He heads the Mills Oakley franchising team, which offers a premium service nationally. Warren advises both franchisors and franchisees.
You should always check independently that an ask an expert answer published on Franchise Business applies to your particular circumstances.
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