The usual use for a sublease is to lease part of the existing leased premises to someone else. For example, a tenant with a large space may have surplus room. It makes good commercial sense to rent the excess space to another, often associated, business.
The area of the sublease premises need to be properly defined, and the term of the sublease carefully considered so that it is consistent with the head lease.
The sublessor (who is also the tenant under the head lease), will be responsible for the acts of the sublessee, and needs to ensure that there are appropriate protections in place with regards to guarantees and indemnities. In this respect, the sublessor effectively becomes the sublessor’s landlord.
Subleases seem simple, but are in fact quite complex to draft – and they must be right in order to protect the landlord, the sublessor and the sublessee.
We are experienced in advising landlords, tenants and sub-tenants. We can also seek landlord consent and/or mortgagee consent to a proposed sublease.
To speak with one of our property dispute lawyers, call us today on 1300 907 335. Alternatively, please fill out the contact form on this page and one of our lawyers will be in touch with you.
For More relevant information
The usual use for a sublease is to lease part of the existing leased premises to someone else. For example, a tenant with a large space may have surplus floor space that is needlessly costing money.
When a tenant approaches you with a proposed sub-tenant, there are several things that a landlord ought to consider. Generally, as a landlord you are not obligated to accept a subtenant but will have the right to vet the proposed sublessee.
I appreciate your time and effort and thank you for your prompt response and professionalism. I would not hesitate to use your services again and refer PCL Lawyers to others.
Thank you so much for your assistance. Should I ever have the chance to recommend you I will do so.
Out of speaking to two other lawyers you were the only one to give me any genuine advice.
If I had of gone to another law firm that was cheaper I may have saved many thousands of dollars but as it turns out I may have lost a lot more than that upon settlement. Using a firm such as PCL lawyers I had the peace of mind that each issue as it arose was dealt with in a very matter of fact way and to the letter of the law.
PCL did a great job in advising me about my rights and protecting my name and business goodwill. I can absolutely recommend this very professional service.
Excellent Service. PCL Lawyers did a great job advising me about my rights and protecting my name and business goodwill. I can absolutely recommend this very professional service.
