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James D. Ford
James D. Ford, Solicitor
Category: Australia Law
Satisfied Customers: 1601
Experience:  Consulting Principal at Nexus Law Group
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I am starting a new business and have just signed a lease

Customer Question

Hi there I am starting a new business and have just signed a lease with a 3/3/3/3 option. I have also decided to sub let part of the premises to another party who is going to be working in conjunction with me as a total business and he is wanting the same lease options available to him as I am. Should I just go ahead and offer it or should I put some further protection in there for me. I would like to hear your thoughts oaths matter thanks
Submitted: 1 year ago.
Category: Australia Law
Expert:  James D. Ford replied 1 year ago.

Hi, generally a lease will require the written consent of the LL for any sub-lease of the property, so you would be in breach of your lease, if you sub-lease without approval.

With respect to offering the same options...

The questions you need to be asking is what will happen if you both have a disagreement?

or you decide not to renew the lease, but the sub-tenant wants to exercise his option... etc. so any rights he might have, will have to be reliant upon what you decide to do..

Additionally, I assume you have offered personal guarantees to the LL... will the sub-tenant be offering you the same?

Also, what if you decide to sell the business... or the sub-tenant wants to sell his business, and he or you are not happy with the proposed buyer....

I would need you to send me a copy of the Lease, in order to provide further advice and to confirm the above - and will send you an offer of additional service so you can forward the Lease for my review and feedback, and then we can discuss it over the phone.

Kind regards,