We are able to draft simple and complex sublease and assignment of lease documents. It is critical to ensure that these leases are drafted correctly and clearly and that terms and conditions outline the responsibilities for all parties and that they are not ambiguous or open to dispute in the future.
A sublease is when an existing tenant leases part of their leased premises to another tenant, who will then be the sub-tenant or sublessee. A typical example is when a tenant who operates a business out of a factory decides that the whole area is not needed and finds someone to “sublease” that area from the them. The sublessor tenant will remain legally responsible to the landlord for the whole of the premises in spite of the sublease. It is important to ensure that any sublease is consistence with terms of the headlease.
A transfer of lease (also known as an assignment of lease) is typically used when a business changes hands. It involves the whole lease being assigned to the new business owner and, often the outgoing tenant can be absolved of all responsibility in relation to the lease. It is critical to ensure that when you are assigning a lease that your rights and responsibilities are correctly transferred and if you are the original tenant that your liability is fully transferred to the assignee. This may not always be the case.
Our lawyers can advise you on your rights and assist you in negotiating consent to sublease or a transfer (assignment) of lease from advising you of your rights and responsibilities through to the preparation and complete exchange of lease documents.
We can draft sublease or transfer of lease documentation or advice you on leasing documents that have been drafted by another party’s lawyers to ensure that you are fully protected.
There are many issues to consider when looking at an assignment of lease and in some instances the landlord may decide to terminate the existing lease and enter into a new lease with the tenant. We are experienced and can take a holistic and micro view of leasing issues depending on what is required.
Our legal team are not only trained in the legal aspects but, we also understand the commercial realities of leasing and property law. Our approach is to not provide the best advice with neglecting the commercial realities of your matter.
One of the primary benefits of hiring Appius Lawyers is that you’ll receive personalised service.
Appius Lawyers is much smaller than the mega-firm, but we offer clients expertise and creative solutions at a cost that many larger firms simply can’t match.
One of the top benefits of working with Appius Lawyers is having more flexibility when it comes to billing structure.
The great thing about working with Appius Lawyers is that we focus and take the time to learn your industry, to understand your business and what we can do to help it move forward.
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