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Solicitors Specialising in Commercial PropertySubletting or Assigning a Commercial Lease. Specialist Property Lawyers

Subletting commercial property is a complicated area. If you rent a commercial property, and are about to sublet it or assign the lease, or if you are a tenant of a sublet premises, it’s possible that you are not fully aware of all your rights and all the problems that could arise.

Need a specialist commercial property lawyer? Call us now on FREEPHONE 0800 1404544 for FREE Initial Property Law Advice on the phone.

Subletting or Assigning a Commercial Lease – Common Questions

Listed below are some useful tips to help you get things straight:

I am about to sublet the premises and the landlord is insisting that I charge a rent greater than the market rent.

Many landlords will insist on this as a matter of course. However, the Government backed Code of Conduct for Commercial Leases states that this should not be the norm.

My landlord is about to terminate the lease as my subtenant has broken the terms of my commercial lease. Is there nothing I can do about this?

The terms of any sublease require careful consideration at the negotiation stage so as to avoid this problem. However, the law may allow you to prohibit the actions of the subtenant so as to prevent the terms of your lease being breached in the future.

As a subtenant I use the premises as a takeaway, which is allowed by the terms of my lease. However, I am required to stop using the premises as a takeaway as the head landlord has informed me that I am in breach of the terms of the head lease.

The terms of any sublease need careful consideration at the negotiation stage so as to avoid this problem. However, the law may still allow the head landlord to stop the subtenant’s use in these circumstances. This problem should have been foreseen when the lease was being negotiated.

I am about to assign my lease and the landlord has insisted that I provide a guarantee to the landlord that the assignee will pay the rent.

Many landlords will insist on this as a matter of course. However, the Code of Conduct for Commercial Leases states that this should not be the norm.

I am about to assign my lease and have been advised that I do not need the consent of the landlord.

This is not always the case. It is unusual in a commercial lease to find that consent is required, however it will depend on the terms of the lease. The circumstances in which consent can be withheld should be determined when the lease is being negotiated.

I want to assign the lease but the landlord is refusing to provide consent.

The circumstances in which the landlord can withhold consent depend partly on the terms of the lease and partly on the general law. Normally a landlord cannot withhold consent unreasonably.

I am thinking of subletting my commercial lease but my landlord is insisting that I charge a rent greater than the market rent.

Many landlords will insist on this as a matter of course. However, the Government backed Code of Conduct for Commercial Leases states that this should not be the norm.

My landlord is about to terminate the lease as my subtenant has broken the terms of my lease. There is nothing I can do about this.

The terms of any sublease require careful consideration at the negotiation stage so as to avoid this problem. However, the law may allow you to prohibit the actions of the subtenant so as to prevent the terms of your lease being breached in the future.

In all situations involving subletting or assigning of commercial leases, whichever side of the transaction you are on, we recommend that you contact an expert commercial property lawyer who will be able to advise you on your case, and help you work out the best deal for you.

Looking for Specialist Commercial Property Advice? Make an enquiry with us today.

Our experienced Commercial Conveyancing team offer free initial phone advice, simply:

  • Phone our commercial property team on SALISBURY (01722) 422300 or
  • Call FREE on FREEPHONE 0800 1404544 or
  • E-mail us using the online enquiry form below
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