• Can lessee sublet the lease within lock in period

Actually we are having an lease agreement in which lessor wants the Lock in period of three years.now the case is if we want to sublet the premises within the lock-in-period so can we do that and what is the process.
and what are the dos'& dons for that.
Kindly Help.
Asked 5 years ago in Property Law
Religion: Hindu

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17 Answers

You first need to check the Lease agreement, in that the sublet clause is mention that permits to sublease then only you can sublet the lease other wise not. You need to take permission from Lessor in this case and make new Lease agreement along with lock n period of 3 years.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Need to contact particular lawyer for detailed para.

You cannot sublet in lockin period 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Means, you have to take permission of Lessor and sublet to only by Lessor and not by Lessee. So it will LESSOR directly in the picture.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1) you cannot sublet the premises during lock in period without consent of lessor 

 

2) there must be specific clause in lease deed that you can sublet the premises 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

You can sublet subject to permission in writing of the lessor provided there is no clause to the contrary in the lease deed. So you need to remove the above-mentioned clause and insert a clause something to the effect of - "that the lessee shall be entitled to sub lease the premises with the prior written permission of the lessor for a period not exceeding the period of the lease"

If you want it to be unqualified permission then you may remove the clause of permission and make it unqualified that the lessee shall be entitled to sub let without any permission from the lessor for a period not exceeding the period of the lease" 

Any more conditions that you both agree on May be added like any requirements before sub leasing like taking security from the sub lessee or anything to that effect.

Varun Bhandari
Advocate, Kanpur
86 Answers

1. Refer to the lease deed.

2. As per the TP Act or the applicable Rent Act in your state sub letting without t he written permission of  the landlord is a ground for eviction.

3. So unless in the lease deed or subsequently you are authtorised by the lessor in writing to sub let/sub lease the property the lessee can not do this.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

You can put a clause in your lease agreement about subletting the same and can do the needful in lockin period too. 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

-  As per law, a Lessee cannot sublet the tenanted premises to anyone , without the written consent of the Lessor.

- Further sub-letting is a ground for the eviction of the tenanted premises . 

- Being the Lessee , you are bound to comply the clauses of lease agreement . 

- Only , the Lessor can give the said premises to anyone after terminating your agreement with prior notice or as given in the agreement , even during the lock in period. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Dear Sir,

You may use the part "use of the premises by any other companies of the Amalgamation Group will not be construed as subletting by the LESSEE" for the purpose mentioned. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

Yes, you cannot sublet the property without express permission from the lessor.

Swarupananda Neogi
Advocate, Kolkata
2993 Answers
6 Consultations

No , subletting is not allowed in lock in period. 

You may eviction proceedings before the court of law as per the clauses embodied in the lease agreement. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

You cannot sublet if agreement do not permit. Lessor permission is necessary.

 

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

lessee cannot sublet the premises to any other party. This will result in immediate termination of agreement,forfeiture of security and it will be considered the premises vacated by lessee.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

If there's no provision in the lease for sub leasing the leased out premise, if both the lesser and lessee  agree for the proposed sub leasing agreement,  then they can enter into a subsequent agreement to accommodate the proposed sub leasing agreement. 

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

You have to to follow the procedure for getting an additional agreement as suggested. 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

You may go through my opinion rendered in my first post of the same thread. 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Yes lessee can futher sublet the premises with permission of lessor as per clause mentioned in the lease agreement.

 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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