Draft a commercial sublease that works with the lease already in place

A sublease cannot usually give the subtenant better rights than the tenant already has under the head lease. That is why the lease above it matters so much. If the sublease promises a wider permitted use, a longer term, broader access rights or lighter repair obligations than the head lease allows, the arrangement may not work properly in practice. Reviewing the head lease helps identify those pressure points early so the sublease can be written to reflect the real position rather than assumptions about what can be passed on.

A commercial sublease will usually deal with the premises or area being sublet, the term, rent, any deposit, permitted use, repair and maintenance responsibilities, insurance positions, access arrangements, default provisions and termination rights. It may also include rules about alterations, signage, shared facilities, utilities, service charge contributions or reinstatement obligations. A key part of the drafting is making sure obligations from the head lease are passed through where needed, so the subtenant's rights and responsibilities fit the lease structure already in place.

We will usually need the head lease, the names of the parties, details of the premises or part being sublet, the agreed rent, the proposed term and any special commercial points already discussed. It also helps to know whether the space is shared, whether furniture or equipment is included, and whether landlord consent is required. If only part of the premises is being sublet, plans or a clear description of the area can be important. Those details affect both the drafting and whether the arrangement is workable under the existing lease.

Not always, but it is common for the head lease to restrict subletting unless the landlord consents or certain conditions are met. Some leases allow subletting only of the whole premises, some require the sublease to follow a particular form, and some impose notice or approval steps. This service can help identify those issues and reflect them in the sublease wording where relevant. It does not include approaching the landlord, negotiating consent terms or managing the wider approval process on your behalf unless that is separately agreed.

It can be, especially where the head lease contains detailed restrictions or the premises arrangement is not straightforward. A generic template may not deal properly with pass-through obligations, shared access, repair allocation, consent conditions or limits on use. It may also assume the whole premises are being sublet when only part is involved. Those gaps can create practical problems once occupation starts. A drafted sublease is usually more useful where the lease above it contains specific conditions or the subletting arrangement needs to reflect shared space, fit-out issues or other non-standard points.

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