Jurisdiction(s):
United Kingdom
United Kingdom
Key definition
Underlease definition What does Underlease mean? An underlease (sublease) is a lease granted by a tenant (the sub‑landlord or intermediate landlord) to a sub‑tenant out of the tenant’s own leasehold, rather than by the freeholder. It is carved out of, and strictly subject to, the headlease: it cannot run for longer than, or confer greater rights than, the headlease. In practice, the underlease term is often one day shorter than the residue of the headlease. Key features and risks: - Typically requires the head landlord’s consent where the headlease contains an alienation covenant; underletting without consent can be a repudiatory breach and expose the headlease to forfeiture. -...
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Precedent Underlease—Whole of Head-Leased Office Premises: Illustrative Mark-Up and Drafting Guide with Prescribed Clauses, Rent Review, Service Charge, Insurance and LTA 1954 (England and Wales)
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Precedents
Precedent Underlease of part-offices—whole of premises demised by Head lease
This Precedent underlease is provided as a PDF with tracked changes, showing the amendments to convert a head lease to an underlease, and can be downloaded, saved or printed from this link: .
NOTE: The sample Mark-up draws from Lease of part—offices [Archived], an earlier iteration of our Precedent Lease of part (office).
Its function is to show a practitioner the method for preparing an underlease; the underlying principles are unchanged.
It is illustrative mark-up to demonstrate how a practitioner should approach drafting; principles remain.
Drafting notes to Precedent Underlease of part-offices—whole of premises demised by Head Lease
Caution
This underlease assumes that the Head Lease is a lease of office premises forming part of a building, and that the premises granted by the underlease comprise the whole of the premises demised by the Head Lease.
Accordingly, service charge and insurance rent mirror the provisions in the Head Lease.
The document is supplied in tracked changes, highlighting the alterations to the Head Lease needed to produce an underlease.
The content of any underlease will invariably be governed by the exact provisions and stipulations of the applicable Head Lease. Therefore, this...
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Web page updated on 22/05/2026
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Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...
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