Is giving desk-space to start-ups counted as subletting?
Is giving desk-space to start-ups counted as subletting?
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Discussion

KillerJim

Original Poster:

972 posts

234 months

Thursday 21st January 2016
quotequote all
Hi,

Before I start the (expensive) conversations with solicitors I'm wondering if anyone can give me some advice.

Is it counted as subletting to allow a start-up use a few seats in our offices?

There will be no rental for the use of the desks, they provide all their own equipment and services. They might end up purchasing some of our products (but not services, or use / rental of people).

Jim

surveyor

18,705 posts

215 months

Thursday 21st January 2016
quotequote all
KillerJim said:
Hi,

Before I start the (expensive) conversations with solicitors I'm wondering if anyone can give me some advice.

Is it counted as subletting to allow a start-up use a few seats in our offices?

There will be no rental for the use of the desks, they provide all their own equipment and services. They might end up purchasing some of our products (but not services, or use / rental of people).

Jim
You will be almost certain to have a lease clause not allow to sublet license or share premises as a whole or in part.

I suspect you know this really smile

Post up your full alienation clause (take a photo of that bit) and I'll be a bit more helpful.

Johnniem

2,758 posts

254 months

Thursday 28th January 2016
quotequote all
We have looked into this (we are a property consultancy) and Surveyor is right, the alienation clause in your lease will dictate but it almost certainly will be considered a sub-let unless you can show that the incumbent is part of your own organisation. Call your landlord to discuss in an open handed fashion.