In most circumstances, there will be a statutory or common law right to sublease a commercial or retail premises. The formal requirements, searches and consents required of a sub-lease are similar to the original lease, called the head lease, and it is usually necessary for a sub-lessee to not only conform to the provisions of the sublease but also to the head lease. In the event that a sub-lease is granted, the lessee becomes a sub-lessee and the original lessee is known as the head lessee.
There are a number of matters that must be turned to in relation to subleases, including but not limited to the fact that the:-
- obligations of the head-lessee are usually passed onto the sub-lessee in the sublease (for example, if a clause in the head lease provides that the head-lessee must keep the shop clean at all times, this will usually be an obligation of the sub-lessee as well)
- rights of the head-lessee are usually passed onto the sub-lessee in the sublease
Contact our office for more information regarding subleases. Other than our head office in Sydney CBD, we also have branch offices in Parramatta, Hurstville, Liverpool, Campbelltown, North Sydney, Gordon and Baulkham Hills. For a full list of our office locations, with complete addresses, click on our Locations tab above or contact our main office line on (02) 9233 4048.
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