Practical Law: New Subleasing Resources
Subleasing transactions are often more complex and time consuming than those for leases, and require careful consideration of a variety of unique issues by the tenant, subtenant and head landlord.
Practical Law Commercial Real Estate has recently published a new suite of more than ten specialised subleasing resources to assist property lawyers acting for the existing tenant, new subtenant or head landlord, to navigate the various requirements for entering into a sublease of commercial or retail premises.
These new resources include:
- Practice note, Entering into a sublease. This note provides an overview of the key legal and transactional issues that are typically relevant when a sublandlord and subtenant propose to enter into a sublease of commercial premises. It includes a consideration of practical and legal issues when entering into a sublease, common preliminary matters and documentation requirements and typical steps taken after the sublease has been granted.
- Standard document, Sublease of whole incorporating terms of head lease. This document is a sublease for the whole of the commercial premises under an existing head lease which references and incorporates the terms in that head lease with certain variations and additional provisions. A separate sublease for part of the leased premises has also been published.
- Standard document, Deed of consent to sublease whole of premises. This document is a tripartite deed setting out the terms on which a head landlord provides its consent to the sublandlord (as the tenant under the existing head lease) granting a sublease of the whole of the commercial premises under the head lease to a proposed subtenant. A separate deed of consent for a sublease of part of the premises has also been published.
- Checklist, Consent to sublease a commercial lease: step-by-step guide (tenant focus). This checklist sets out the key steps for the landlord under a commercial or retail lease to take where its tenant has requested the landlord's consent for the grant of a sublease to a third party. The relevant steps include reviewing the terms of the existing lease, considering any relevant statutory obligations and negotiating and finalising the documentation to be entered into with the tenant and subtenant. A step-by-step guide for landlords has also been published.
- Practice note, Sublease forms: preparation and registration requirements. This note provides guidance on the preparation and registration requirements for subleases in each Australian state and territory, including links to the approved forms, guidance notes, third party consent requirements and fee information.