5 Common Mistakes to Avoid When Drafting a Commercial Sublease Agreement

When drafting a commercial sublease agreement, it’s easy for business owners and tenants to overlook key legal details—especially without the right legal guidance. In the UK, a poorly prepared sublease can lead to costly disputes, breaches of the primary lease, or even eviction. This blog outlines five of the most common mistakes and how to avoid them, helping both sublessors and subtenants protect their interests.

1. Failing to Obtain the Landlord’s Consent

One of the most frequent—and critical—errors is not securing written consent from the landlord before entering into a sublease. In many commercial lease agreements, subletting without landlord approval can be considered a breach of contract, potentially leading to legal action or termination of the primary lease.

A commercial lease agreement solicitor can review your existing lease to confirm whether consent is needed and help prepare the necessary documentation. Without it, even a carefully worded sublease may be deemed invalid.

2. Ignoring the Terms of the Head Lease

A sublease must always remain consistent with the terms of the original (head) lease. Sublessors often draft subleases that contradict key obligations—such as rent review clauses, repair duties, or permitted use restrictions—which may expose them to liability.

Working with experienced commercial contract solicitors in the UK ensures the sublease mirrors the head lease appropriately. This protects the sublessor from breaching the original agreement and avoids unnecessary disputes between all parties involved.

3. Omitting Clear Obligations for Repairs and Maintenance

Ambiguity around repair responsibilities is a leading cause of conflict in commercial leasing. A sublease should clearly outline who is responsible for maintaining the premises—particularly in multi-tenant commercial buildings.

A fixed-fee commercial lease solicitor can help structure these clauses in plain, enforceable language. Without clear guidance, disputes over who handles repairs can escalate into formal lease disputes or even legal claims.

4. Not Defining the Duration or Break Clauses Properly

Unclear terms around the sublease’s duration or break rights can create confusion if either party wants to terminate early. Vague or conflicting clauses may also breach the main lease’s terms or statutory provisions.

Involving a commercial lease dispute resolution solicitor early in the drafting process can help ensure that all termination rights are properly defined, legally valid, and tailored to your commercial goals.

5. Overlooking Legal Review and Risk Assessment

Some businesses attempt to draft sublease agreements using online templates or borrowed formats, assuming that all leases are essentially the same. This is a costly mistake. Each commercial property and agreement has unique risks and compliance requirements.

To avoid long-term issues, it’s advisable to hire a commercial lease lawyer who can conduct a thorough legal review, assess potential risks, and tailor the sublease accordingly. A legally sound agreement saves both time and money in the future.

Drafting a commercial sublease agreement isn’t just about filling in a template—it’s about aligning with the head lease, legal standards, and your business needs. From landlord consent to repair obligations and termination clauses, each section needs careful attention.

At Legafit Solicitors, we understand the commercial leasing landscape in the UK and help clients avoid these common pitfalls through sound, fixed-fee legal advice.

If you’re considering subletting your commercial premises or reviewing an agreement you’re about to sign, get in touch with our team for straightforward, tailored legal support.