Sale of Business and Rent Agreement

Your clients and the restaurant owner will be the parties of the sale of restuarant deed and the owner of the building will be confirming party to confirm the ailenation of lease hold right from the restuarant owner to your client.  In these circumstances your client need not execute two deeds of purchase of restuarant and lease the rooms.

In such cases the landlord will never agree and if you make direct agreement of sale it amounts to sub tenancy and a good case for eviction.

There are however other methods to come out of this problem which will deffer from case to case.

agreement of sale will be required absolutely, as the the purchser is making part payment and the seller of business would insist this to insure final payment

there would be one agreement consisting of three parties , purchaser and seller will agree on terms and conditions of sale of this business, and mode of payment

Shop owner and purchase would agree for tenency rights and obligations

Best

Only if your Tenancy agreement allows you for giving the premises on sub lease,you can do so.You can sell your business but you cannot sell your tenancy rights.