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Sub Lease Contract Template for Hong Kong

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Key Requirements PROMPT example:

Sub Lease Contract

"I need a Sub Lease Contract for a commercial office space in Central, Hong Kong, starting from March 1, 2025, with a 3-year term, including provisions for quarterly rent reviews and specific clauses about shared meeting room facilities."

Document background
The Sub Lease Contract is a crucial document used when a tenant wishes to lease out all or part of their rented property to another party in Hong Kong. This arrangement creates a secondary landlord-tenant relationship while maintaining the original lease agreement with the head landlord. The document must comply with Hong Kong's property laws and regulations, particularly the Landlord and Tenant (Consolidation) Ordinance. It typically requires the head landlord's consent and must ensure that all terms align with the head lease. The Sub Lease Contract includes detailed provisions for rent, maintenance responsibilities, insurance requirements, and termination conditions, while also addressing specific Hong Kong market practices and legal requirements. This document is particularly relevant in commercial contexts where businesses need flexibility in their property arrangements or in residential scenarios where subletting is permitted.
Suggested Sections

1. Parties: Identifies all parties to the agreement: the head landlord (if required), main tenant (sub-landlord), and sub-tenant, including full legal names and addresses

2. Background: Sets out the context of the sub-lease, including reference to the head lease and confirmation of the sub-landlord's authority to sub-let

3. Definitions: Defines key terms used throughout the agreement, including 'Premises', 'Term', 'Head Lease', etc.

4. Demise: The formal grant of the sub-lease, specifying the premises being let and the term of the sub-lease

5. Rent and Payment Terms: Details of rent amount, payment frequency, method of payment, and review provisions

6. Tenant Covenants: Sub-tenant's obligations including maintenance, permitted use, alterations, compliance with head lease terms

7. Landlord Covenants: Sub-landlord's obligations including quiet enjoyment, insurance, and compliance with head lease

8. Insurance: Insurance requirements for both parties, including building insurance and contents insurance

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

10. Termination: Circumstances under which the sub-lease can be terminated and the process for termination

11. Yielding Up: Obligations regarding the condition of the premises upon lease end

12. Notices: Process for serving formal notices between parties

13. Governing Law: Confirmation that Hong Kong law governs the agreement

Optional Sections

1. Head Landlord's Consent: Required when the head lease mandates obtaining head landlord's consent for subletting

2. Break Clause: Optional provision allowing either party to terminate the lease early under specified conditions

3. Rent Review: Include when the sub-lease term is long enough to warrant rent review provisions

4. Service Charge: Required when the property is part of a larger building with shared services

5. Alterations and Improvements: Detailed provisions for when substantial alterations to the premises are contemplated

6. Green Lease Provisions: Environmental and sustainability obligations, increasingly common in commercial sub-leases

7. Guarantor Provisions: Include when a guarantor is required to guarantee the sub-tenant's obligations

Suggested Schedules

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

2. Schedule 2 - Head Lease: Copy or relevant extracts of the head lease terms that affect the sub-tenant

3. Schedule 3 - Inventory: List of fixtures, fittings, and furniture included in the sub-lease

4. Schedule 4 - Service Charge: Breakdown of service charge calculations and included services

5. Schedule 5 - Condition Report: Detailed report on the condition of the premises at the start of the sub-lease

6. Appendix A - Plans: Floor plans, location plans, and any relevant building plans

7. Appendix B - Head Landlord's Consent: Copy of the head landlord's written consent to the sub-lease

8. Appendix C - Photographs: Photographic evidence of the premises' condition at commencement

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions







































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Relevant Industries

Commercial Real Estate

Residential Real Estate

Retail

Office Space Management

Industrial Properties

Hospitality

Co-working Spaces

Retail Centers

Shopping Malls

Warehousing

Manufacturing

Relevant Teams

Legal

Real Estate

Operations

Facilities Management

Property Management

Asset Management

Compliance

Administration

Finance

Risk Management

Relevant Roles

Property Manager

Real Estate Manager

Facilities Manager

Legal Counsel

Corporate Lawyer

Real Estate Director

Operations Manager

Asset Manager

Leasing Manager

Property Administrator

Commercial Director

Real Estate Agent

Business Development Manager

Chief Operating Officer

Compliance Officer

Industries






Teams

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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