Hi Paul --
I can't speak to the particulars of Australian law, but as both
Australia and the US legal systems find their roots in British common
law, there's probably enough similarities that I can help get you
started down the right track (though my primary gig is business
services, I'm a licensed attorney here in the US ).
Typically, a sub-lease arrangement carries the legal implication of
affording the sub-lessee with certain property rights. This is why
most standard lease arrangements disallow it or wrap certain terms and
conditions around it.
I agree with one of the posters below that your intended business
model should be clearly communicated to the landlord. You can still
provide services to others through a straight contractual arrangement
known as a license. You want to make clear that you are not granting
the user any property rights... merely a license to use your services
based upon the terms and conditions you set forth in your license.
Legally, this is a more limited right and should satisfy any concerns
your landlord (and his/her lenders) may otherwise have.
As somebody noted below, you should really run this by a local
attorney... they will be best equipped to provide you with the right
Founder, the zen bungalow
On Jan 15, 8:51 pm, Paulie <[email protected]> wrote:
I am about to enter a commercial lease for premises to start a Co
Working Studio called Epic Studios. I know the land lord will be
adverse to me sub leasing though & want to avoid having to sub lease
to co workers. How do I get around that legally? Someone mentioned
creating a membership. Does this mean people still enter into an
agreement when they move in?
If anyone has any formal information on the wording of a Membership +
Agreement around this, that would be much appreciated.
Paul - Epic Studios
Melbourne - Australia