Sublet your spare commercial space properly
Turn the empty half of your office or warehouse into rent, without risking your own lease.
Ready in about 15 minutes
What this document does
This document lets a tenant grant another business the right to use spare space, as a sublease (they get exclusive possession of a defined area) or a licence to occupy (a flexible, shareable arrangement you can end on notice). It is built around the three things that go wrong in practice: it is conditional on your head landlord's written consent, it forces the sublease to end before your own lease does, and it only works for non-retail premises. An Australian solicitor reviewed and approved the template.
The questions we’ll ask
What are you granting, and the retail check
The Head Lease
Head lease permitted use
You (the party granting)
The occupant
The space and the term
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Questions people ask.
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- Do I need my landlord's permission to sublet?
- Almost certainly. Nearly every commercial lease prohibits subletting or licensing without the landlord's prior written consent, and letting the occupant move in before consent is itself a breach of your lease. The document is conditional on that consent, and the law says a landlord cannot unreasonably withhold it.
- Should I use a sublease or a licence?
- A sublease gives the occupant exclusive possession of a defined space for a fixed term, like a normal lease. A licence is a flexible, non-exclusive permission, right for a desk, a shared studio or a pop-up. The label has to match reality: a licence that hands over exclusive possession is treated as a lease by the courts no matter what it is called.
- Can I use this for a shop or café?
- No. Retail premises are covered by the Retail Leases Act, which brings its own compulsory disclosure regime, and calling the arrangement a licence does not avoid it. The form will not generate the document unless you confirm the premises are non-retail.
- Why does the sublease have to end before my lease?
- A sublease that runs to the same end date as your lease is legally a transfer of your whole lease, an assignment, not a sublease. The form blocks an end date that reaches your head lease expiry, and points you to an assignment instead.
- What if my sublease runs for more than 3 years?
- In NSW a sublease over 3 years must be executed as a deed and registered on the title, which also needs your lease to be registered and your landlord's consent. The document carries the registration wording and the form warns you when your dates cross the line.
- Is this a subscription?
- No. It is $49 once. No monthly fee, no auto-renewal.
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