Specialist Commercial Property Lawyers
Subletting or assigning a commercial lease 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.
The critical thing is that you understand what your lease contains – and in particular what your rights and responsibilities are – whether you are a tenant or landlord.
Looking for a specialist commercial property lawyer? Call our team on FREEPHONE 0800 1404544. Initial legal advice on the phone is always FREE.
Tips on Subletting or Assigning Commercial Leases
The most important thing is to make sure you read and understand your commercial lease agreement. Because that’s where you will find many of the answers to these questions.
But to get you started, listed below are some of the most common questions our team come across:
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 my commercial lease as my subtenant has broken its terms. What can I 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.
Click here to read more about Commercial Lease Termination
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.
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 want to assign but my landlord insists 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 Government backed 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 business 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.
Need a Specialist Commercial Property Solicitor? Call Us Now
Whenever you are involved in assigning or subletting a commercial lease, whichever side of the transaction you are on, we recommend that you contact an expert commercial property solicitor, who will be able to advise you on your case, and help you work out the best deal for you.
If you are looking at expert legal advice on your commercial lease, or a property dispute, call us today to see what we can do for you.
And remember, we always offer FREE initial phone advice so you can find out where you stand – without having to worry about paying a big legal bill.
Contact us by
- Calling FREEPHONE 0800 1404544 or on SALISBURY 01722 422300
- E-mailing us using the online enquiry form below: