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2010

Subletting Agreement

commercial · law · property

A subletting agreement, also known as a sublease agreement, is a generic commercial lease agreement.  A subletting agreement can be used for either commercial or private residential property, however private residential property is usually subject to a tenancy agreement, and so here, I we shall focus primarily on a commercial subletting agreement, for an office in a block or similar, etc.

A subletting agreement allows a tenant to of rented property to let to another – a sub-tenant.  The agreement will, in effect, transfer all of the rights and obligations imposed on the tenant under the primary tenancy agreement to the sub-tenant.

Something to be aware of – the majority of tenancy agreements, especially the commercial lease agreements, contain a clause that prohibits a tenant from subletting the property.  This can sometimes be got around by obtaining the landlords written permission to sublet before you start viewings etc to get a sub-tenant.  The permission of the landlord must be sought in writing before you, as tenant, commit to anything as otherwise you may be found to be in breach of the terms of your tenancy agreement and, as a result, your tenancy may be terminated.

Furthermore, as the original tenant, you shall remain liable to the landlord under the terms of the tenancy agreement for the non-performance of obligations by the sub-tenant, as the sub-tenant shall be the responsibility of the tenant.

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