Restaurant Sublease Agreement Template for Australia

Create a bespoke document in minutes,  or upload and review your own.

4.6 / 5
4.8 / 5

Let's create your Restaurant Sublease Agreement

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.

Get your first 2 documents free

Your data doesn't train Genie's AI

You keep IP ownership of your information

Key Requirements PROMPT example:

Restaurant Sublease Agreement

"I need a Restaurant Sublease Agreement for a high-end Italian restaurant in Sydney CBD, where I'm the primary tenant subletting the space that includes an outdoor dining area and dedicated parking spaces, with the sublease term to commence on March 1, 2025."

Document background
The Restaurant Sublease Agreement is essential when a primary tenant wishes to sublease commercial premises to a restaurant operator in Australia. This document is particularly relevant in shopping centers, commercial buildings, or retail strips where the primary tenant holds a head lease and seeks to sublease the space for restaurant operations. The agreement must comply with Australian federal and state legislation, including retail leasing laws, food safety regulations, and commercial property requirements. It typically includes detailed provisions for kitchen facilities, health compliance, grease trap maintenance, and specific restaurant operational requirements. The document ensures all parties understand their rights and obligations while maintaining compliance with the head lease terms and relevant regulatory frameworks. This agreement type is commonly used in situations involving franchise operations, restaurant chains expanding into leased spaces, or independent restaurateurs taking over existing restaurant premises.
Suggested Sections

1. Parties: Identification of the head lessor (if required), sublessor, and sublessee with full legal names and details

2. Background: Context of the sublease arrangement, including reference to the head lease and purpose of the sublease

3. Definitions and Interpretation: Definitions of key terms used throughout the agreement and rules for interpreting the document

4. Grant of Sublease: Formal grant of the sublease, including premises description and term duration

5. Rent and Other Payments: Details of rent, payment terms, review mechanisms, and other financial obligations

6. Outgoings and Utilities: Responsibility for operating expenses, utilities, and other ongoing costs

7. Security Deposit: Requirements for security deposit or bank guarantee and conditions for its return

8. Permitted Use: Specific provisions regarding the permitted restaurant operations and any restrictions

9. Maintenance and Repairs: Responsibilities for maintaining and repairing different aspects of the premises

10. Health and Safety Compliance: Obligations regarding food safety, hygiene standards, and general safety requirements

11. Insurance: Required insurance coverage including public liability, property, and business interruption

12. Assignment and Subletting: Restrictions and conditions for further assignment or subletting

13. Default and Termination: Events of default, consequences, and termination provisions

14. Make Good Obligations: Requirements for premises restoration at lease end

15. Governing Law: Applicable law and jurisdiction for the agreement

Optional Sections

1. Guarantee: Personal or corporate guarantees for the sublessee's obligations, required when dealing with new or small businesses

2. Fitout Works: Provisions for initial restaurant fitout or modifications, needed when premises require setup or modification

3. Option to Renew: Terms for lease renewal, included when parties agree to potential extension

4. Outdoor Dining: Specific provisions for outdoor seating areas, required when premises include external dining spaces

5. Signage Rights: Terms for installation and maintenance of restaurant signage, needed when external signage is permitted

6. Grease Trap Maintenance: Specific obligations regarding grease trap maintenance, included for premises with shared facilities

7. Cool Room Provisions: Maintenance and use of cool room facilities, needed when premises include specific cooling infrastructure

8. Exclusivity Clause: Restrictions on lessor leasing to competing restaurants, included when negotiated by parties

9. COVID-19 Provisions: Specific terms dealing with pandemic-related restrictions and obligations, relevant in current climate

Suggested Schedules

1. Schedule 1 - Premises Plan: Detailed plan showing the leased area, including kitchen, dining, and storage spaces

2. Schedule 2 - Head Lease Provisions: Relevant provisions from the head lease that affect the sublease

3. Schedule 3 - Rent Schedule: Detailed breakdown of rent calculations and review dates

4. Schedule 4 - Fitout Specifications: Technical specifications for any approved fitout works

5. Schedule 5 - Equipment Inventory: List of any equipment included in the lease

6. Schedule 6 - Operating Hours: Agreed trading hours and any restrictions

7. Appendix A - Required Licenses: List of required operational licenses and permits

8. Appendix B - Cleaning Schedule: Detailed cleaning and maintenance requirements

9. Appendix C - Insurance Requirements: Specific insurance requirements and minimum coverage amounts

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Hospitality

Food and Beverage

Commercial Real Estate

Property Management

Restaurant and Catering

Retail

Legal Services

Commercial Leasing

Food Service

Relevant Teams

Legal

Property Management

Operations

Compliance

Real Estate

Risk Management

Facilities Management

Business Development

Asset Management

Leasing

Relevant Roles

Property Manager

Restaurant Owner

Commercial Lease Manager

Legal Counsel

Operations Manager

Franchise Manager

Real Estate Manager

Compliance Officer

Business Development Manager

Facility Manager

Restaurant General Manager

Leasing Executive

Commercial Property Lawyer

Asset Manager

Risk Manager

Industries
Retail Leases Act 2003: Primary legislation governing retail leases in Australia, covering lease terms, rent reviews, outgoings, and dispute resolution mechanisms specific to retail premises
Competition and Consumer Act 2010: Federal legislation including Australian Consumer Law provisions affecting business relationships and consumer protections in commercial agreements
Food Act 1984: Regulates food safety standards and requirements for food businesses, including restaurants and food service establishments
Building Code of Australia: Contains requirements for commercial premises including fire safety, accessibility, and building standards that must be maintained
Work Health and Safety Act 2011: Federal legislation establishing workplace safety requirements that must be considered in commercial premises operations
Conveyancing Act 1919: Governs property transactions and transfers, including provisions affecting commercial leases and subleases
Environmental Protection Act 1986: Covers environmental obligations including waste management and noise control relevant to restaurant operations
Property Law Act 1974: Contains fundamental principles of property law affecting leases and subleases, including rights and obligations of parties
Fair Work Act 2009: Federal legislation governing employment relationships that may be relevant to assignment of responsibilities in the sublease
State Planning and Environment Acts: Local planning laws affecting commercial premises use, zoning requirements, and development approvals for restaurant operations
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

Find the exact document you need

Sub Lease

An Australian legal agreement where a tenant sub-lets premises to another party, subject to federal and state property laws.

find out more

Deed Of Sub Lease

An Australian legal instrument creating a sublease arrangement between a tenant (sublessor) and a third party (sublessee), subject to the terms of the head lease and Australian property law.

find out more

Temporary Sublease Agreement

An Australian agreement governing the temporary sublease of property from a head tenant to a subtenant, including essential terms and compliance requirements.

find out more

Sublease Contract Agreement

An Australian legal agreement establishing terms for subleasing premises from an existing tenant to a third party, compliant with federal and state property laws.

find out more

Sublet Roommate Agreement

An Australian-compliant agreement between a primary tenant and subtenant for sharing residential premises, establishing terms for cohabitation and shared responsibilities.

find out more

Office Sublease Agreement

An Australian-compliant legal agreement governing the sublease of office space from a current tenant to a subtenant, including key commercial terms and obligations.

find out more

Lease For Subletting A Room

An Australian-compliant agreement for subletting a room, establishing terms between primary tenant and subtenant while ensuring adherence to state tenancy laws.

find out more

Commercial Sublease Contract

An Australian-law governed agreement allowing a tenant to lease their premises to another party, establishing terms and conditions for commercial property occupation.

find out more

Salon Sublease Agreement

An Australian-law governed agreement establishing terms for a beauty professional to operate within an existing salon space, including operational and compliance requirements.

find out more

Restaurant Sublease Agreement

An Australian-law governed agreement for subleasing commercial premises for restaurant operations, ensuring compliance with relevant hospitality and retail leasing regulations.

find out more

Master Tenant Subtenant Agreement

An Australian law-governed agreement establishing the legal framework between head landlord, master tenant, and subtenant for property subletting arrangements.

find out more

Parking Sublease Agreement

An Australian law-governed agreement for subleasing parking spaces, establishing rights and obligations between a primary tenant and secondary tenant.

find out more

Equipment Sublease Agreement

An Australian law-governed agreement establishing terms for subleasing equipment from an existing lessee to a third party.

find out more

Short Term Sublease Agreement

An Australian legal agreement enabling an existing tenant to temporarily lease their rented property to another party, subject to local property laws and landlord consent.

find out more

Subtenant Lease

An Australian sublease agreement establishing terms between a tenant/sublandlord and subtenant, compliant with Australian property law and head lease requirements.

find out more

Car Sublease Agreement

An Australian-law governed agreement transferring vehicle leasing rights from an existing lessee to a sublessee, outlining terms, conditions, and responsibilities.

find out more

Month To Month Sublease Agreement

An Australian-compliant Month to Month Sublease Agreement establishing terms between sublessor and subtenant, with provisions aligned with Australian tenancy laws.

find out more

Lease And Sublease Agreement

An Australian law-governed agreement establishing both lease and sublease arrangements for a property, detailing rights and obligations of all parties involved.

find out more

Download our whitepaper on the future of AI in Legal

By providing your email address you are consenting to our Privacy Notice.
Thank you for downloading our whitepaper. This should arrive in your inbox shortly. In the meantime, why not jump straight to a section that interests you here: https://www.genieai.co/our-research
Oops! Something went wrong while submitting the form.

Genie’s Security Promise

Genie is the safest place to draft. Here’s how we prioritise your privacy and security.

Your documents are private:

We do not train on your data; Genie’s AI improves independently

All data stored on Genie is private to your organisation

Your documents are protected:

Your documents are protected by ultra-secure 256-bit encryption

Our bank-grade security infrastructure undergoes regular external audits

We are ISO27001 certified, so your data is secure

Organizational security

You retain IP ownership of your documents

You have full control over your data and who gets to see it

Innovation in privacy:

Genie partnered with the Computational Privacy Department at Imperial College London

Together, we ran a £1 million research project on privacy and anonymity in legal contracts

Want to know more?

Visit our Trust Centre for more details and real-time security updates.