The Sublessor Sublessee Agreement is essential when an existing tenant wishes to transfer their leasing rights to another party while maintaining their obligations under the original lease. This document is commonly used in New Zealand when businesses need to downsize, relocate, or manage excess space, or when individuals need to temporarily transfer their residential lease. The agreement must comply with New Zealand property law, particularly the Property Law Act 2007 and the Residential Tenancies Act 1986 (for residential properties). It includes detailed provisions for rent, maintenance, insurance, and other obligations, while ensuring the head landlord's interests are protected through consent requirements and maintaining the original lease terms. This agreement is crucial for protecting all parties' rights and clearly defining their responsibilities in the subleasing arrangement.
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1. Parties: Identifies and provides full legal details of the Sublessor and Sublessee, including their legal names, addresses, and company registration numbers if applicable
2. Background: Explains the context of the sublease, including reference to the head lease and confirmation of the Sublessor's authority to sublease
3. Definitions: Defines key terms used throughout the agreement to ensure clear interpretation
4. Grant of Sublease: Specifies the premises being subleased and the term of the sublease
5. Rent and Outgoings: Details the rent amount, payment frequency, method of payment, and responsibility for outgoings
6. Security Deposit: Specifies the amount, terms, and conditions of the security deposit
7. Use of Premises: Defines permitted use of the premises and any restrictions
8. Maintenance and Repairs: Outlines responsibilities for maintenance, repairs, and improvements
9. Insurance: Specifies required insurance coverage and responsibilities
10. Default and Remedies: Details what constitutes default and the available remedies
11. Assignment and Subletting: Addresses whether further subletting or assignment is permitted
12. Termination: Specifies conditions and process for termination
13. Governing Law: Confirms New Zealand law governs the agreement
14. Execution: Formal signing section including witness requirements
1. Fit-out Works: Include when the Sublessee will be performing initial fit-out works to the premises
2. Operating Hours: Include for commercial premises with specific operating hour requirements
3. Signage Rights: Include when specific signage provisions are needed, especially in commercial buildings
4. Car Parking: Include when car parking spaces are part of the sublease
5. Building Rules: Include when the premises are part of a larger building with specific rules
6. Environmental Obligations: Include when specific environmental compliance requirements apply
7. GST Provisions: Include detailed GST provisions for commercial subleases
8. Head Landlord's Consent: Include specific conditions required by the head landlord
1. Schedule 1: Premises Plan: Detailed plan showing the subleased premises, including any exclusive and common areas
2. Schedule 2: Head Lease: Copy or relevant excerpts of the head lease
3. Schedule 3: Rent Review Provisions: Detailed rent review methodology and timing
4. Schedule 4: Outgoings Schedule: Detailed breakdown of outgoings and payment responsibilities
5. Schedule 5: Condition Report: Detailed report on the condition of the premises at the start of the sublease
6. Schedule 6: Fit-out Specifications: Details of any approved fit-out works (if applicable)
7. Appendix A: Head Landlord's Consent: Written consent from the head landlord for the sublease
8. Appendix B: Building Rules: Copy of the building rules and regulations (if applicable)
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