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Перевод: subtenant

[существительное]
субарендатор

Тезаурус:

1. 5.9.10 Within 28 days of any assignment charge underlease or sub-underlease or any transmission or other devolution relating to the Premises to produce for registration with the Landlord's solicitor such deed or document or a certified copy of it and to pay the Landlord's solicitor's charges of 20 (twenty pounds) for the registration of every such document or reasonable charges for the registration of every such document such charges not being less than 20 (twenty pounds) 5.9.11 Notwithstanding clause 5.9.1 the Tenant may share the occupation of the whole or any part of the Premises with a company which is a member of the same group as the Tenant (within the meaning of Section 42 of the 1954 Act) for so long as both companies shall remain members of that group and otherwise than in a manner that transfers or creates a legal estate On the one hand, the tenant will wish to deal with the premises in the most cost effective manner, even if this means subletting parts and, on the other hand, the landlord will wish to exercise fairly strict control over alienation, first by ensuring that any assignee is able to pay the rents reserved by the lease and perform the tenant's obligations under it, and second by ensuring that at the end of the term the landlord is not left with a subtenant of a small part of the premises, which could affect the value of the landlord's interest in the whole.
2. This may be done, for example, by providing that the turnover of the subtenant or licensee is to be taken into account in calculating the tenant's turnover.
3. In that case he will not be able to increase the rent payable under the subtenancy or to oppose the grant of a new tenancy to the subtenant should he wish to do so (see Business Tenancies-Traps for the Unwary (1978) LSG 371).
4. Can covenants in a head lease be enforced by, or against, a subtenant?
5. Problems may also arise where the headtenant provides services to his subtenants, particularly where the subtenant's service charge is reserved as rent.
6. A similar problem may arise when the tenant allows someone else into occupation of part of the demised property, either as a subtenant or by way of licence or franchise agreement.
7. his schedule to be entitled to receive the full rack rental value thereof determined as at the date on which he went into occupation and redetermined as at every fifth anniversary thereof (4) If the whole or any part of the demised property remains vacant for three months or more then at the expiry of such period of three months the tenant shall until the same is next occupied be deemed to be entitled to receive the full rack rental value thereof determined as at the date upon which the said period expired and redetermined as at every fifth anniversary thereof (5) The tenant shall one month before the beginning of each quarter (time being of the essence) deliver to the landlord a certificate signed by a qualified accountant showing a true summary of: (a) the gross amount of all rents and licence fees which the tenant is entitled (or deemed to be entitled) to receive in respect of the demised property and each part thereof for that quarter and (b) the amount of any sum included in (a) above which the tenant is entitled to recover from any subtenant or occupier of the whole or any part of the demised property either by way of VAT or by way of service charge in respect of services or works performed or to be performed (6) Subject to paragraph (7) below the net rents shall be the difference between the two amounts shown in the said certificate (7) The net rents shall be determined by a single arbitrator to be appointed by the President for the time being of the Royal Institution of Chartered Surveyors if: (a) the tenant fails to deliver a certificate in accordance with paragraph (5) above (in which case the tenant shall pay interest on the net rents at the rate of per cent from the quarter day in question until payment) or (b) any dispute or difference arises between the parties in connection with the calculation of the net rents (in which case the arbitrator shall determine the amount of interest if any to be paid by the tenant) (8) The tenant shall permit the landlord or his agent to inspect and take copies of the tenant's books or account or any other document or record (
8. In the case of an underlease the subtenant should always require right of the superior lease or leases to satisfy itself that there are no restrictions likely to affect the subtenant's proposed use of the premises.
9. Nevertheless, the tenant should insist that he be given a reasonable rent-free period in which to find a new subtenant.
10. The tenant will not wish to restrict himself to too narrow a use, for while this might be satisfactory in the short term, if the lease is for 25 years much can happen to the tenant's business, eg expansion or contraction resulting in the necessity for the tenant to assign or sublet the premises, in which case the assignee or subtenant may wish to carry on a different use.
11. The tenant may also find that in order to attract subtenants he must pay inducements, often in the form of a contribution to the subtenant's fitting-out costs.
12. Only very occasionally is it possible to read between the lines, as in one instance at South Luffenham, where Henry Bonytt, as the sole tenant of freeholder Edward Sapcote, presumably held a lease; he also had 10s. a year in land and a subtenant called William Clark, who must mutatis mutandis have held from him by lease, if not from year to year.
13. There was never any intention on the part of the landlords to exclude the subtenant from possession.