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Subletting Office Space – Can I sublet part of my offices to someone else?

Without a doubt, this is a question that will be raised more often now that businesses have cottoned on to the idea that working from home is an option, but to answer this question in relation to you or your business personally, I would need to see the lease that you currently have with your landlord.

Having said that, I can certainly give it a good guess based on the typical lease terms that you see.  Most commercial tenancies will not allow for a tenant to sublet part of the building that is let to a tenant unless, of course, the building is let to a management company who at the outset intends to sublets floors of the building and has agreed on this with the landlord in advance.

The main reason that a commercial landlord resists sublets of part is because it becomes difficult to keep track of who is in their building and from the point of view of getting possession back this can be a nightmare.  Arguments about who has what rights of occupation can be time consuming and expensive to argue and a landlord, rightly, would rather not have to go through this.

If your lease, as I suspect, does forbid this type of arrangement this is not the end of it.  There is still potentially a discussion to have.  Regardless of what the lease states there is nothing that stops you from approaching your landlord and requesting consent to a subletting.  Although the lease does dictate what has already been agreed, it would be a very confident landlord who was willing to run the risk of having an empty office if the tenant were to run into financial difficulties due to excessive rent for unoccupied premises.

I hope this helps but if you do want some help negotiating with the landlord get in touch, I will be happy to have the discussion for you.

Content Writer​

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Last updated | 19 July 2023

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