The Deed of Sub Lease is essential in Nigerian property transactions where an existing tenant wishes to transfer part or all of their leasehold interest to another party while maintaining their relationship with the head landlord. This document is commonly used in commercial, industrial, and residential contexts where business needs or circumstances require flexible property arrangements. The deed must carefully balance the rights and obligations between all parties while ensuring compliance with Nigerian land law, particularly the Land Use Act 1978 and relevant state property legislation. It includes detailed provisions for rent, duration, property use, maintenance responsibilities, and other key terms, all of which must align with the head lease. The document is particularly important in urban areas where property sub-letting is common and requires formal documentation for legal protection and registration purposes.
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1. Parties: Identification of the sub-lessor (current tenant) and sub-lessee, including full legal names and addresses
2. Background: Recitals explaining the head lease details, authority to sub-let, and context of the sub-lease arrangement
3. Definitions: Definitions of key terms used throughout the deed, including references to the head lease terms
4. Demise: The formal grant of the sub-lease, specifying the property being sub-let
5. Term and Commencement: Duration of the sub-lease and its start date, ensuring it doesn't exceed the head lease term
6. Rent and Payment Terms: Amount of rent, payment intervals, method of payment, and rent review provisions
7. Sub-Lessee Covenants: Obligations and promises of the sub-lessee, including maintenance, use restrictions, and compliance with head lease terms
8. Sub-Lessor Covenants: Obligations and promises of the sub-lessor, including quiet enjoyment and head lease compliance
9. Insurance: Insurance requirements and obligations of both parties
10. Assignment and Sub-letting: Restrictions and conditions on further assignment or sub-letting
11. Termination: Circumstances and procedures for early termination or forfeiture
12. Yield Up: Obligations regarding the condition of the property upon lease end
13. Execution: Formal execution clause and attestation requirements for a deed
1. Service Charge: Include when the property is part of a larger building or complex with shared services
2. Alterations and Improvements: Include when specific permissions or restrictions for property modifications are needed
3. Break Clause: Include when either party requires the right to terminate early under specific conditions
4. Utilities and Outgoings: Include when there are specific arrangements for utility payments and other outgoings
5. Environmental Matters: Include for properties with specific environmental considerations or requirements
6. Planning and Use: Include when there are specific planning permissions or use restrictions
7. Security Deposit: Include when a security deposit or other financial security is required
8. Rent Review: Include when specific rent review mechanisms are required beyond standard provisions
1. Property Description: Detailed description of the sub-let premises, including plans and boundaries
2. Head Lease Terms: Relevant terms from the head lease that apply to the sub-lease
3. Rent Schedule: Detailed breakdown of rent payments, including any stepped increases
4. Condition Schedule: Schedule documenting the condition of the property at the start of the sub-lease
5. Fixtures and Fittings: Inventory of fixtures and fittings included in the sub-lease
6. Service Charge Details: Breakdown of service charge calculations and included services
7. Authorized Use: Detailed specifications of permitted use of the property
8. Plans and Maps: Property plans, location maps, and any relevant technical drawings
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