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Business Sublet Lease Agreement for Hong Kong

Business Sublet Lease Agreement Template for Hong Kong

A comprehensive legal document governed by Hong Kong law that establishes the terms and conditions under which a tenant (acting as sublandlord) can lease out all or part of their rented commercial premises to another business entity (subtenant). The agreement ensures compliance with head lease terms while defining the rights, obligations, and responsibilities of both parties, including rent payments, permitted use, maintenance obligations, and other crucial commercial terms. It incorporates specific requirements under Hong Kong's commercial property laws and regulations, including the Landlord and Tenant (Consolidation) Ordinance.

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What is a Business Sublet Lease Agreement?

The Business Sublet Lease Agreement is essential for commercial tenants in Hong Kong who wish to sublease their rented premises to other businesses. This document is particularly relevant in Hong Kong's dynamic commercial real estate market, where business needs and space requirements frequently change. The agreement must comply with Hong Kong's property laws and regulations, particularly the Landlord and Tenant (Consolidation) Ordinance, while ensuring alignment with the original head lease terms. It covers crucial aspects such as premises details, rent, duration, permitted use, maintenance responsibilities, and various other commercial terms. This type of agreement is commonly used when businesses need to optimize their space usage, reduce rental costs, or adapt to changing business circumstances while maintaining their original lease obligations.

What sections should be included in a Business Sublet Lease Agreement?

1. Parties: Identification of the head tenant (as sublandlord) and subtenant, including business registration details

2. Background: Context of the sublease, including reference to the head lease and confirmation of authority to sublet

3. Definitions: Key terms used throughout the agreement, including specific Hong Kong legal and commercial property terms

4. Demise: Specific details of the premises being sublet, including any shared areas or facilities

5. Term: Duration of the sublease, including commencement and expiry dates (must not exceed head lease term)

6. Rent and Payment Terms: Rent amount, payment schedule, and method of payment, including any rent-free periods

7. Other Payments: Management fees, government rates, utilities, and other charges payable by the subtenant

8. Deposit and Advanced Payments: Security deposit amount, holding deposit terms, and any advance rent requirements

9. Permitted Use: Specified business purposes and any restrictions on use of the premises

10. Subtenant's Covenants: Obligations of the subtenant, including compliance with head lease terms

11. Sublandlord's Covenants: Obligations of the sublandlord, including maintaining the head lease

12. Repairs and Maintenance: Responsibilities for maintaining and repairing different parts of the premises

13. Insurance: Required insurance coverage and obligations of each party

14. Assignment and Further Subletting: Restrictions on further assignment or subletting of the premises

15. Default and Termination: Events of default, termination rights, and consequences of termination

16. Reinstatement: Requirements for returning the premises at the end of the sublease

17. Notices: Process and addresses for serving formal notices between parties

18. Governing Law: Confirmation of Hong Kong law governance and jurisdiction

What sections are optional to include in a Business Sublet Lease Agreement?

1. Break Clause: Optional provision allowing early termination under specified conditions

2. Rent Review: Include if rent will be reviewed during the term of the sublease

3. Alterations: Include if subtenant is permitted to make alterations to the premises

4. Service Charge Provisions: Detailed provisions if service charges are separately calculated or significant

5. Signage Rights: Include if subtenant has specific rights to display business signage

6. Car Parking: Include if car parking spaces are included in the sublease

7. Air Conditioning: Special provisions for after-hours air conditioning if relevant to the building

8. Guarantee: Include if a guarantor is required for the subtenant's obligations

9. Option to Renew: Include if subtenant has option to extend the sublease term

What schedules should be included in a Business Sublet Lease Agreement?

1. Schedule 1: The Premises: Detailed description of premises including floor plans and measurements

2. Schedule 2: Head Lease Terms: Relevant terms from the head lease that apply to the sublease

3. Schedule 3: Rent Payment Schedule: Detailed breakdown of rent payments and due dates

4. Schedule 4: Building Rules and Regulations: Building management rules applicable to the premises

5. Schedule 5: Condition Report: Description of premises condition at commencement of sublease

6. Schedule 6: Fitting Out Guidelines: Requirements and restrictions for any tenant fit-out works

7. Appendix A: Copy of Head Lease: Redacted copy of relevant head lease portions

8. Appendix B: Floor Plan: Detailed floor plan showing the sublet premises and common areas

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Hong Kong

Publisher

Ƶ

Document Type

Termination Letter

Cost

Free to use
Relevant legal definitions

















































Clauses









































Relevant Industries

Retail

Professional Services

Financial Services

Technology

Food and Beverage

Healthcare

Education

Consulting

Media and Entertainment

Trading and Distribution

Manufacturing

Co-working Spaces

Logistics

Relevant Teams

Legal

Finance

Operations

Facilities Management

Real Estate

Compliance

Risk Management

Administration

Corporate Services

Business Development

Property Management

Relevant Roles

Chief Financial Officer

Real Estate Manager

Facilities Manager

Legal Counsel

Property Manager

Operations Director

Business Development Manager

Company Secretary

Compliance Officer

Finance Director

Managing Director

Office Manager

Commercial Director

Asset Manager

Property Administrator

Risk Manager

Industries








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Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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