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Consent to Sublease Agreement

Last revision Last revision 18-01-2024
Formats FormatsWord and PDF
Size Size3 to 4 pages
Fill out the template

Last revisionLast revision: 18-01-2024

FormatsAvailable formats: Word and PDF

SizeSize: 3 to 4 pages

Fill out the template

This Consent to Sublease Agreement ("Consent") can be used when a property is being subleased by an existing tenant ("Lessee") to another tenant ("Sub Lessee") and permission of the Property Owner/Lessor ("Lessor") is required.

In most cases, the Consent of the Lessor is required before subletting the leased property. To check whether consent from the Lessor is required, the Commercial Lease or Residential Lease of such property can be referred to.

Sometimes, some space in the leased premises may be vacant, or the intended project may be delayed for some time. During such situations, the Lessee can sublease such vacant portion of the whole property for a specific period to monetize such gap. A Lessee can use the Sublease Agreement for Commercial Property to Sublet the property to other parties (Sub Lessees).

This Consent will create a legally binding contract between the parties (Lessor, Lessee, and Sub Lessee). This Consent covers the following areas:

  • the duration of the sublease to which the consent is given;
  • additional fee to be paid by the Lessee for subletting the property;
  • the purpose and limitations of using the property by the Sub Lessee;
  • termination of the sublease by the Lessor on expiration or violation of the original lease agreement; and
  • any other special conditions.

This Consent can be used before or after entering into a sublease agreement between the Lessee and Sub Lessee.

How to use this document?

This Consent can be used for subletting both commercial properties (including offices, warehouses, shops etc.) and residential properties (such as apartments, houses etc).

A copy of the consent shall be provided to all parties involved under this Consent.

The Consent would need to be printed on non-judicial stamp paper or e-stamp paper which is available in certain states. The value of the stamp paper would depend on the state in which it is executed. Each state in India has provisions in respect of the amount of stamp duty payable on the Agreements and the same would need to be determined based on the specific facts of the case. Information regarding the stamp duty payable can be found on the State government websites.

The document can also be notarized to have a public record and to avoid any disputes over the legality of the Consent.

After printing and notarizing the document on stamp paper or e-stamp paper, as applicable, all parties should sign this Agreement and each party should keep a copy of this Agreement.

Applicable law

This Consent will be covered under the general provisions of the Indian Contract Act, 1872.

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