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Bay of Plenty Business News January/February 2018

From mid-2016 Bay of Plenty businesses have a new voice, Bay of Plenty Business News. This new publication reflects the region’s growth and importance as part of the wider central North Island economy.

From mid-2016 Bay of Plenty businesses have a new voice, Bay of Plenty Business News. This new publication reflects the region’s growth and importance as part of the wider central North Island economy.

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22 BAY OF PLENTY BUSINESS NEWS <strong>January</strong>/<strong>February</strong> <strong>2018</strong><br />

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FROM THE GROUND UP<br />

How sub-leasing<br />

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So, you’ve got your <strong>of</strong>fice<br />

up and running and ticking<br />

along but now you<br />

find that you have committed<br />

to more space than you actually<br />

need.<br />

Maybe your business structure<br />

has changed and some<br />

<strong>of</strong> your staff now work from<br />

home.<br />

Perhaps you’ve consolidated<br />

your service <strong>of</strong>fering<br />

and made efficiencies which<br />

means you don’t need to have<br />

as many staff.<br />

Or possibly, the business<br />

expansion you’d banked on<br />

hasn’t come to pass. Whatever<br />

the reason, you do have<br />

options. You could:<br />

Sub-lease some <strong>of</strong> the space<br />

– another business shares your<br />

business premises<br />

Assign the existing lease –<br />

you leave and another business<br />

takes over your existing lease<br />

on the same terms (note: you<br />

could still be liable for the new<br />

tenant’s obligations if that tenant<br />

defaults)<br />

Surrender your lease – you<br />

vacate and the landlord negotiates<br />

with a new tenant<br />

At all times you’ll need to<br />

bear in mind your responsibilities<br />

and commitments under<br />

your existing lease.<br />

You will have contractual<br />

obligations to fulfil and tenant/<br />

landlord ducks to get in a row.<br />

A signed lease generally<br />

requires a landlord’s express<br />

permission/consent to change<br />

the terms <strong>of</strong> that lease.<br />

However, while a landlord<br />

cannot ‘unreasonably’ withhold<br />

or delay consent to sublease<br />

or assign a lease, you are<br />

changing the original agreed<br />

terms <strong>of</strong> the lease and the landlord<br />

may not see things the<br />

same way you do.<br />

Let’s focus on sub-leasing<br />

here. Like most things in business<br />

– and life – there are<br />

pros and cons associated with<br />

change.<br />

Sub-leasing Pros:<br />

• You get a contribution to<br />

your rental outgoings and<br />

you may be able to negotiate<br />

proportionally-shared<br />

operating costs<br />

• You don’t have to relocate<br />

your business to smaller<br />

premises and so can avoid<br />

the headaches that moving<br />

can bring<br />

• Think <strong>of</strong> the networking<br />

benefits in having another<br />

business within your everyday<br />

space<br />

• There could be some crossover<br />

<strong>of</strong> required administrative<br />

services and you<br />

may be able to share those<br />

costs<br />

• It’s a better use <strong>of</strong> space<br />

and that could sit well<br />

with your “tread lightly’<br />

eco-principles<br />

• You’re in control <strong>of</strong> the<br />

sub-lease timeframe and<br />

you can factor in flexibility<br />

should you need to crank<br />

your operation in the future<br />

• Creates a bit <strong>of</strong> a buzz<br />

around the water cooler –<br />

new faces, new thinking.<br />

Sub-leasing Cons:<br />

• You still have all the responsibilities<br />

under your<br />

existing lease – the buck<br />

stops with you<br />

• You may find that there’s<br />

extra wear and tear on the<br />

premises that you’ll have<br />

to make good when your<br />

lease ends<br />

• You could be undermining<br />

the landlord’s attempts<br />

to lease other space in the<br />

building – not great for<br />

landlord/tenant relationships!<br />

• Remember to factor in unforeseen<br />

costs associated<br />

with sub-leasing such as<br />

legal fees, commissions to<br />

leasing agents.<br />

As always, seek pr<strong>of</strong>essional<br />

or legal advice before<br />

making any bold changes to<br />

your lease arrangements – and<br />

keep your landlord in the loop.<br />

www.bayleys.co.nz/work<br />

place/articles/insights<br />

Maximise the return on your<br />

commercial investment<br />

At <strong>Bay</strong>leys, we<br />

believe relationships<br />

are what businesses<br />

are built on and how<br />

they succeed.<br />

Speak to our<br />

<strong>Bay</strong>leys team today.<br />

SUCCESS REALTY LTD, BAYLEYS, LICENSED UNDER THE REA ACT 2008<br />

We understand that to maximise the return on your property you need:<br />

Pr<strong>of</strong>essional property management A business partner that understands your views and goals<br />

Jan Cooney<br />

Senior Commercial Property Manager<br />

B 07 579 0609 M 027 408 9339<br />

jan.cooney@bayleystauranga.co.nz<br />

Brodie Thomas<br />

Commercial Property Manager<br />

B 07 579 0608 M 027 746 9218<br />

brodie.thomas@bayleystauranga.co.nz<br />

Becky Jefferson<br />

Commercial Property Management Asst.<br />

B 07 579 0614<br />

becky.jefferson@bayleystauranga.co.nz

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