Subletting Leases & Under Lettings at Commercial & Residential Properties – the Low Down

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Category: Leases & Titles

You will often hear the phrases of subletting out a property and maybe a subtenant cropping up somewhere. Or perhaps more an underletting that comes to light.

In terms of what such subletting means and a basic definition – it’s allowing another tenant in a property ‘underneath’ the current and primary tenant.

So, the existing lease stays in existence – not like an assignment where it is transferred to another tenant.

You place a new lease below this, hence the phrase ‘sub’ or ‘under’ lease.

The existing tenant is then right in the middle of the landlord and new subtenant. So they act as a direct landlord to the subtenant, but then a tenant back to the leading landlord.

How subletting can help

These are underutilised, particularly...

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Assignment of Leases with Commercial & Residential Properties – Explained

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Category: Leases & Titles

You often hear talk of ‘assigning’ a lease that a tenant holds of a property, with a specific clause in the tenancy regarding the process.

In simple terms, this means transferring the lease to another tenant.

Often a tenant needs to move on and no longer occupy the property. Or cash in and sell the lease interest if it has value, therefore, transfer it to another for payment.

You tend to have a broader alienation clause in the lease, which covers many different ways to part with occupation and responsibility of a lease, including underletting to sub-tenants and shared occupation with a connected party.

One aspect of this you’ll need to look into is how you assign a lease.

Most Types of Property Interests

Whilst most leases with a...

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Lease Alienation Clauses for Commercial & Residential Properties - Clearly Explained

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Category: Leases & Titles

If you have a leasehold interest of a property interest, you’ll come across what is known as an ‘alienation’ clause.

It sounds strange, almost as if something is being separated and alienated.

In a simple sense, that’s what it will do – allow a current tenant and lease owner to transfer it to another party. Therefore, they alienate themselves from the obligations of this tenancy.

The Basics of the Lease Alienation Clause

We’ll get down to the nitty-gritty about these soon, or you can jump down to the Frequently Asked Questions below to find the exact answer you’re after.

But let’s first understand the basics.

Firstly, you don’t always have or need such an alienation clause; the lease can be silent on alienation matters.

So...

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