If a tenant under a Lease elects to sublease the premises to another party, they do so under a Sublease Agreement. The Sublease Agreement will include terms that are consistent with the original Lease and a copy should be attached. The sublessee will usually assume the same rights and obligations that the sublessor has under the head Lease Agreement. For example, they will have the right to exclusive occupation of the premises during the term of the Agreement and will be responsible for the general maintenance and upkeep of the premises.
The sublessor will in effect serve as the landlord and will conduct periodic inspections of the property to ensure the condition of the premises is satisfactory, will receive rental income from the sublessee together with collecting outgoings. The sublessor will subsequently use these monies to pay monies owed to their landlord under the head Lease.
Where a Sublease Agreement is in place, the Lease Agreement will continue to be operational and the landlord will still be able to exercise its rights and obligations under this agreement. If the Lease is terminated or expires, this will bring an end to the Sublease Agreement.
If you wish to speak with one of our Lease Advice & Litigation Lawyers, please contact our firm by telephone on (02) 9233 4048 or send an email to info@navado.com.au.
This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.
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