If you need experienced commercial property lawyers for a sublease contract or agreement or need legal advice generally on whether you can sublet and if so, the key considerations, problems or issues, please do contact us.

Our experience and services

Our commercial property team can advise and have the experience to assist and resolve many issues arising with subletting of commercial property including :

• Unlawful or unauthorised subletting
• Consent to subletting
• Advising on the terms of a sub-lease
• Drafting a sub-lease

Key legal issues with subletting

• Check the terms of the lease – is subletting permitted? If so, there will usually be a process whereby the Landlord has to consent, so it’s essential to determine whether the Landlord will consent and if so, on what terms?
• Is subletting the best option? Have you considered assigning the lease, which could be a cheaper, cleaner and less risky option.
• How sure are you about the sub-lessee? Remember that you remain liable to the Landlord. If the sub-lessee doesn’t pay you or damages the premises you will be liable.
• Sub-letting of part only of the premises is more complex – particular care is needed over shared parts, alterations to the premises.
• The condition of the premises is a key issue – dilapidations and restoring a premises after any additions or alterations are very expensive. Remaining as tenant but sub-letting opens up significant areas of risk.

Sub-lease agreement

You will need a formal agreement if you sub-let commercial premises. You will definitely need to ensure that the agreement is comprehensive and ensure that it contains obligations on the sub-lessee to fully comply with the tenant’s obligations in your lease with the Landlord. The agreement should look to protect your interests as fully as possible, potentially with a significant security deposit being paid over.

Solicitors in London for subletting

The best way to protect your interests, whether you are sub-letting or considering taking a sub-lease, is to get experienced legal advice. We have 2 offices in London are a well known for our commercial property expertise. Please do call us to discuss your situation and to get a no obligation fee quote.