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SUBLEASE AGREEMENT

In a lease of commercial property, whether a tenant can sublease the property will depend on the terms of the lease. If the lease contains no provisions in relation to subleasing/sub-letting, the tenant will be free to deal with it as it wishes. However, this is rare and most leases contain detailed provisions dealing with subleasing/sub-letting.

 

Subleasing commercial property is a complicated area. A lease may, depending on the type of building and the extent of the property demised by the lease, permit the tenant to sublease part only, or it may prohibit subleasing completely.

 

Where a lease permits subleasing (whether of whole or part), it will usually state it will only be permitted with the Landlord’s prior written consent, especially if the landlord wants to retain more control over the identity of its tenant, as ultimately the landlord may become the direct landlord of a subtenant in certain circumstances. 

 

Thus, your right to sublease all or a part of the property depends on whether your lease agreement allows it. In general, if your lease doesn’t mention subleasing, it is usually permitted. However, most leases do require that you obtain your landlord’s consent to sublease as well as your landlord’s approval of any new subtenant. Whether or not your lease agreement is silent on subleasing, consider contacting your landlord before subleasing to help maintain a good landlord-tenant relationship. The landlord can choose to grant consent subject to conditions,

 

A sublease agreement is a legally binding contract made between a tenant and a new tenant (also known as a subtenant or a sublessee). The sublease agreement gives the subtenant the right to share or to take over the premises from the first tenant. The subtenant pays rent directly to the first tenant while the first tenant pays rent directly to the landlord. The landlord still holds the first tenant directly responsible for the rent and for any damage, including any caused by the subtenant.

 

This Sublease Agreement shall be used where a tenant under a lease (also known as Head Lease) has obtained the consent of the landlord to sublease the premises to a subtenant. It contains provisions relating to the Head Lease, as the sublease must reflect the terms of the Head Lease which are passed down to the subtenant.

 

This Sublease Agreement is in Microsoft Word format, written in plain English easy to use and edit.



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