The Sublease Contract is a crucial document used in Hong Kong when a tenant wishes to transfer their leasehold interest in a property to another party while maintaining their original lease with the landlord. This arrangement is common in commercial settings where businesses need to optimize their space usage or reduce rental costs. The document must comply with Hong Kong's property laws and regulations, including the Landlord and Tenant (Consolidation) Ordinance and Conveyancing and Property Ordinance. It typically requires the original landlord's consent and must be properly stamped and registered. The contract details all aspects of the sublease arrangement, including financial terms, maintenance responsibilities, and the relationship between all parties involved. It's particularly important in Hong Kong's dynamic property market where subleasing is a common business practice.
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1. Parties: Identification of the sublessor (head tenant) and sublessee (subtenant), including full legal names and addresses
2. Background: Context of the sublease, including reference to the head lease and confirmation of authority to sublease
3. Definitions: Key terms used throughout the agreement, including 'Premises', 'Head Lease', 'Term', 'Rent', etc.
4. Demise: Formal grant of the sublease, describing the premises and any included facilities or rights
5. Term: Duration of the sublease, including start and end dates, ensuring compliance with head lease term
6. Rent and Payment Terms: Rent amount, payment schedule, method of payment, and rent review provisions
7. Security Deposit: Amount, payment terms, and conditions for return of the security deposit
8. Use of Premises: Permitted use of the premises and any restrictions
9. Tenant's Covenants: Sublessee's obligations including maintenance, repairs, alterations, and compliance with head lease terms
10. Landlord's Covenants: Sublessor's obligations and warranties
11. Insurance: Insurance requirements for both parties
12. Assignment and Further Subletting: Restrictions on assignment and further subletting
13. Termination: Circumstances and procedures for early termination
14. Execution: Signature blocks and execution requirements
1. Fitting Out Works: Include when the sublessee is permitted to carry out modifications or improvements
2. Service Charges: Include when there are additional charges for building services or management fees
3. Break Clause: Include when either party has the option to terminate early under specific conditions
4. Utilities and Services: Include when specific arrangements for utilities need to be detailed
5. Car Parking: Include when car parking spaces are part of the sublease
6. Guarantee: Include when a guarantor is required for the sublessee's obligations
7. Green Lease Provisions: Include when parties agree to environmental sustainability measures
8. COVID-19 Provisions: Include specific arrangements for pandemic-related circumstances
1. Schedule 1 - Property Description: Detailed description of the subleased premises, including floor plans and measurements
2. Schedule 2 - Head Lease Terms: Relevant terms from the head lease that apply to the sublease
3. Schedule 3 - Rent Schedule: Detailed breakdown of rent payments and review dates
4. Schedule 4 - Condition Report: Documentation of the premises' condition at the start of the sublease
5. Schedule 5 - Building Rules: Applicable building rules and regulations
6. Appendix A - Fitting Out Guidelines: Guidelines for any permitted alterations or improvements
7. Appendix B - Insurance Requirements: Detailed insurance requirements and specifications
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