Legal explanation

A lease is a direct relationship between the property owner (landlord) and the tenant. The tenant’s rights and obligations come directly from the law and the lease agreement.
A sublease is when the tenant rents out the premises, or part of them, to another person (the subtenant) under a sublease agreement. This creates a three-way relationship:

• Owner ↔ Tenant (lease agreement)

• Tenant ↔ Subtenant (sublease agreement)

Key legal differences:

• A sublease requires the owner’s consent unless otherwise stated in the lease.

• A sublease can last only as long as the main lease. When the lease ends, the sublease automatically ends.

• The subtenant has no direct rights against the owner – all dealings go through the main tenant.

• A lease provides stronger stability and statutory protection, especially regarding termination.

In business, a sublease is always less secure and may end much sooner, even if you fully comply with your obligations.

Major risks and common mistakes

• No owner’s consent – without it, the sublease is invalid and can be terminated immediately.

• Shorter security of tenure – the sublease ends when the main lease ends, without your control.

• Weaker legal position – in disputes with the owner, the subtenant has no direct rights.

• Unfavourable terms – the tenant can impose stricter conditions on the subtenant than they have with the owner.

Step-by-step guide

If you are a business looking to rent:

1. Find out whether it’s a lease or a sublease.

2. For subleases, get written owner’s consent.

3. Review the main lease terms – they can affect your sublease.

4. Clearly set termination conditions and notice periods in your contract.

If you are a tenant planning to sublet:

1. Make sure you have the owner’s consent (ideally in the lease).

2. Prepare a sublease agreement with clear details on premises, rent, services, and termination terms.

3. Remember you remain responsible to the owner for the subtenant’s conduct.

Example from practice

A company rented part of an office from another business under a sublease. After six months, the owner terminated the main lease – and the sublease ended automatically. The company had to urgently find new premises and relocate within two weeks, costing tens of thousands and losing clients.

Why to be careful with “DIY” contracts

Template sublease agreements often fail to include the owner’s consent and don’t reflect the main lease terms. This can make the agreement invalid or lead to unexpected termination.

You might be thinking…

“If I pay on time and behave well, a sublease is just as safe as a lease.”
Unfortunately not – its length depends entirely on the main lease, which you may not control.

Lawyer’s recommendation – checklist

• Always verify whether it’s a lease or sublease.

• For subleases, get written owner’s consent.

• Familiarise yourself with the main lease agreement.

• Include termination terms and compensation clauses for early termination.

FAQ

Do I need the owner’s consent to sublet?
Yes, unless your lease explicitly states otherwise.

Can a sublease last longer than the main lease?
No, when the lease ends, the sublease always ends.

Do I have the same protection in a sublease as in a lease?
No, subtenant rights are more limited and depend on the main lease.