Subletting all or part of your premises to another company can indeed aid cash flow and reduce rental payments in this time of flux. But it's important to understand your rights and responsibilities regarding commercial subleasing - both as the Sublessee and the Sublessor.
We delve a little deeper into the topic to ensure both parties understand the pros and cons of entering into a subleasing arrangement.
A commercial sublease is a stand-alone agreement between a tenant who already holds a lease to a commercial property (sublessor) and another party who wants to occupy part or all of that commercial property (sublessee).
Many benefits can come with commercial subleasing, particularly in the current market where businesses are feeling the pinch.
One of the most significant benefits of commercial sub leasing is the cost.
The rent attached to subleases is almost always substantially less than a direct lease. In the current market, an office that's being advertised for sublease has to compete with other quality subleasing and direct stock. So, as the incentive to the deal, the space needs to be offered at a heavily discounted rate.
Most subleased spaces also come fully fitted out, so you will not have to worry about the costs of upgrades and fit-outs. However, whether you're liable for the cost of 'making good' at the end of the term will come down to negotiation. Some subleasing agreements will require you to make good as per the obligations of the overarching lease. In this case, the sublessor will argue that they no longer have direct control over your subletting space.
For sublessors, commercial subletting can be a short-term strategy to reduce costs and increase cash flow. And there are a few reasons a business may choose to do so:
The proliferation of office vacancies and sublease stock on the market has had a swift effect on the value of sublease rents achievable. So, we advise clients to expect to recuperate 50%-70% of the rent paid under the Head Lease when sub leasing space to a sublessee.
Most commercial subleases fall within the six-to-24-month range because the sublessor is already part way through their lease. So, they are great for businesses looking for short lease terms.
Subleasing also keeps things flexible for companies in volatile industries or companies unsure of the future, allowing them to upsize or downsize at the drop of a hat.
Subleasing alongside a complementary business can create opportunities to network, generating new ideas and growing referral bases with other similar but non-competing companies.
The ideal situation is to sublease from, or sublet to, a company that works in the same industry but provides different services. This increases the opportunities for cross-promotion and sharing referrals.
Moreover, commercially subleased space is not private. That means you'll be in an environment with another business' signage and advertising. In this regard, teaming up with similar professions might disseminate that 'small business' feel when your clients visit.
Commercial subleases are far less complicated than other types of leases. However, it's important to note that a sublease is a legally binding contract based on the original lease. So, if you're the sublessee, ensure you carefully review the terms of both the sublease and the original lease to minimise your risks.
It's best to consult a tenant representation specialist or lawyer before signing. Stay wary of sublessors who refuse to show you their original leasing documents.
Subleased spaces are usually part of larger areas. So, sublessees may not have to pay for (or may share the cost of) utilities, like the internet, air-conditioning and alarms. You may also be able to negotiate access to the sublessor's photocopying machines or other office equipment, which means less for you to purchase.
Many subleased properties also provide access to shared areas such as bathrooms, storage rooms, meeting rooms, etc., at a reduced cost or, if you're lucky, free of charge!
When drawing up a commercial subleasing agreement, there's an opportunity for sublessors to negotiate to share the cost of utilities with the sublessee, pumping more cash back into the business. However, this is unlikely in the current market.
Another benefit enjoyed by sublessees.
Subleases are usually fully serviced leases with flat payments and no unpredictable outgoings.
Of course, as the sublessee, you will be responsible for the cost of any damages you cause. However, your sublessor and the landlord will be responsible for other building costs, such as repairing and maintaining common areas.
There aren't too many risks for sublessees when commercial subleasing. But, as with everything, there are some. So, if you're considering a commercial sublease, keep the following things in mind.
Perhaps the most significant risk that you need to consider is the chance of your sublessor defaulting or breaching the terms of the original lease. If this happens, the sublessee will likely lose immediate access to the premises.
You can mitigate your risks by ensuring:
If the sublessor has negotiated less than favourable terms with their landlord, they may try and pass these on to you.
So, be sure to ask to see their original contract and do your research by comparing your terms to other properties on the market.
This is another situation where tenant representation and/or legal advice can go a long way. But the good news is that, in the current market, businesses offering older sublease opportunities are now edging towards cost recovery. So, you're likely to get a good deal.
Sub leasing often means you share a space with an existing tenant, so you have less room to move when personalising your space to suit your brand and business needs.
Consider a more traditional leasing arrangement if you have specific requirements for setting your space up.
If you require landlord maintenance and repairs, you may have to raise the alert through your sublessor, which can cause delays and headaches because you're adding a third party into the mix.
Subletting isn't the perfect solution for all businesses. And, in the current market, we generally advise our clients against subleasing their extra space. Nonetheless, if you are thinking about it, consider the following:
If you're in a location with limited retail or commercial space, it may be hard to find a high-quality tenant, let alone one that's only after a short-term arrangement. This may not be a huge issue in the current market, but it's worth mentioning.
Some commercial leases will also prohibit subletting to:
So, be sure to understand the requirements before advertising vacant space.
It's also worth noting that most commercial leases require landlord approval of the sublessee. Sublessors may even have to pay a fee for this process. So, find a tenant that your landlord will be happy to approve.
As the original lessee, you will still be 100% responsible for the rent and other obligations under the original commercial leasing agreement. That means if the sublessee defaults (i.e. they stop paying rent or cause damage to the premises), you remain liable to the landlord.
If the subletting agreement is crucial for you to make rental payments, then this arrangement can be highly risky. That's because the sublessee can vacate the premises anytime, leaving you to foot the whole bill.
If a business has excess space, commercial subleasing will only recuperate less than 50% of the rent. So, it's not always the answer.
In fact, with damages clauses in the sublease that favour the sublessee, defaulting under a lease with a sublease in place will leave the potential for even greater damages than a company had before.
If you're the sublessor, know it's not the only option for exiting unwanted or excess space. Sub leasing is a short-term band-aid that needs to form part of a detailed property strategy.
Tenant CS represents tenants, not property owners. We are independent and conflict-free and can help you develop a sublease property strategy or explore other avenues.
Book a call today to see how we can assist you!
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