The complete guide
Subletting office space
Got office space to spare? You can sublet it and recover a large part of your rental costs. This guide explains what subletting is, when you need the landlord's consent, how it differs from lease assignment and substitution, and how Plekky helps you find a reliable subtenant.
Subletting means you re-rent part or all of your leased office to another company while you remain the tenant under the head lease. It is a fast way to monetise empty square metres instead of paying for them. In nearly all cases you need the landlord's prior written consent before you start.
Many companies rent more space than they currently use, for instance after a reorganisation, due to hybrid working, or because they once leased for growth. Those empty desks keep costing money. Subletting flips that around: you share the cost with another company while keeping your own spot.
Plekky is the commercial broker built for the office user. We specialise in tenants who become landlords themselves, in whole or in part. We connect you with suitable subtenants in Amsterdam, Utrecht and Rotterdam and arrange the contracts properly.
In this guide
- Am I allowed to sublet my office?
- What is the difference between subletting, lease assignment and substitution?
- Do I need the landlord's consent?
- How do I draw up a sublease contract?
- Subletting vs lease assignment vs substitution vs leaving it empty
- Step-by-step: subletting your office
- What does subletting through Plekky cost?
- Do I have to charge VAT on the sublease?
- Frequently asked questions about subletting
Am I allowed to sublet my office?
In most cases you may sublet your office, but almost always only with the landlord's written consent. Standard Dutch office leases (the ROZ models) prohibit subletting without that consent. So always check your lease agreement first before making any arrangement with a subtenant.
Dutch law has no general ban on subletting commercial space, but most office leases regulate it themselves. The widely used ROZ model agreements contain a clause prohibiting subletting and granting use to third parties unless the landlord gives prior written consent.
Start with your own contract. Look for terms such as sublease, subletting, granting use, or substitution. If there is a ban, that is not a dead end: a landlord usually may not refuse consent without good reason, especially when the subtenant is solvent and uses the space for the same purpose.
What is the difference between subletting, lease assignment and substitution?
With subletting you remain the tenant and re-rent to a subtenant. With lease assignment another party takes over your entire lease and you step out. Substitution (indeplaatsstelling) is the legal route where a court or landlord puts a new tenant in your place, usually when you sell or transfer your business.
The key distinction is who remains liable. With subletting you stay fully responsible towards the head landlord, even if your subtenant fails to pay. With a successful lease assignment or substitution you in principle drop out as tenant and the obligations pass to the new party.
Which route fits depends on your goal. If you want to fill empty space temporarily and stay put, subletting makes sense. If you want to leave the building entirely, assignment or substitution are more suitable. The comparison table below puts the four options side by side.
Do I need the landlord's consent?
Yes, almost always. Standard office leases prohibit subletting without the landlord's prior written consent. Request that consent on time and in writing, including the details of the intended subtenant. A landlord usually only refuses consent for a valid reason, such as an unreliable or unsuitable subtenant.
Give the landlord confidence by providing complete information: who the subtenant is, what the company does, for which period and on what terms you want to sublet. The more complete your request, the faster you usually get the green light.
Always record the consent in writing, for example in a short addendum to your lease or a consent letter. Verbal promises are hard to prove if a dispute arises later. Plekky can guide this process and handle the coordination with the landlord for you.
How do I draw up a sublease contract?
A solid sublease contract sets out the rent, term, notice period, use of shared facilities and the split of service charges. Crucially, the sublease must not conflict with your own head lease: you can never pass on more rights than you hold yourself. When in doubt, have the contract reviewed legally.
Always include: the exact space or number of desks, the start date and term, the rent and VAT treatment, the service charges and what they cover, the use of shared spaces such as the pantry and meeting rooms, and the arrangements on termination and hand-over.
Align the term and notice period with your own contract, so you are not stuck with a subtenant while you want to leave, or vice versa. Plekky draws up clear sublease contracts that match the head lease, so both parties know where they stand.
Subletting vs lease assignment vs substitution vs leaving it empty
If you have space to spare, there are roughly four routes. This table compares them on what matters most: what it is, whether you need consent, who remains liable and who it suits.
| Subletting | Lease assignment | Substitution | Leaving it empty | |
|---|---|---|---|---|
| What it is | You re-rent (part of) your leased space to a subtenant and remain the tenant. | Another party takes over your entire lease; you step out. | A new tenant legally takes your place, often via the court upon business transfer. | You leave the space empty and keep paying the full rent. |
| Landlord consent needed? | Yes, almost always in writing and in advance. | Yes, the landlord must agree. | Landlord or court decides; consent or ruling needed. | No, you are not doing anything new. |
| Who stays liable? | You, towards the head landlord, even if the subtenant defaults. | The new tenant; you are in principle released. | The new tenant; you are in principle released. | You, in full. |
| Suited to | Companies that stay put but have space to spare. | Companies that want to leave the building entirely. | Business transfer or sale where the premises move with it. | Very short bridging where nothing else is possible. |
This table is a general overview and not legal advice. The right route depends on your contract and situation.
Step-by-step: subletting your office
From empty space to a paying subtenant, in six clear steps.
- 1
Check your lease
Review your head lease for clauses on subletting, granting use and consent. That way you know upfront what is allowed.
- 2
Decide what you sublet
Choose whether you offer individual desks, a separated section or the whole space, and map out the service charges and shared facilities.
- 3
Request the landlord's consent
Submit the intended sublease to your landlord in writing, with the subtenant's details. Record the consent on paper.
- 4
Find a suitable subtenant
Look for a solvent company with a fitting purpose. Plekky connects you with subtenants that match your space.
- 5
Draw up the sublease contract
Set out price, term, notice period, VAT and service charges, in line with your head lease. Have it reviewed legally when in doubt.
- 6
Hand over and start the sublease
Agree on hand-over, keys and access, and record the initial and final condition. Then the sublease begins.
What does subletting through Plekky cost?
Plekky works on a no-cure-no-pay basis: you only pay if we actually find you a subtenant. Our fee is 10 percent of the first year's rent. If we do not find a suitable subtenant, you pay nothing. That way you run no risk of cost without result.
- No-cure-no-pay: no subtenant found, no fee.
- 10 percent fee over the first year's rent on success.
- We handle the coordination with your landlord and the sublease contracts.
- Access to our network of companies looking for space in Amsterdam, Utrecht and Rotterdam.
[Plekky data: avg. time to a signed sublease, to be filled in by Casper]
What are the risks?
The main risks when subletting are: subletting without consent (which can lead to termination of your own lease), remaining liable if your subtenant defaults, and a sublease that conflicts with your head lease. By arranging consent upfront, choosing a solvent subtenant and aligning the contracts, you strongly limit these risks.
Frequently asked questions about subletting
Can I sublet my office without the landlord's consent?
What is the difference between subleasing and subletting?
Do I stay liable if my subtenant does not pay the rent?
Do I have to charge VAT on the sublease?
How long can I sublet my office?
What happens to my subtenant when my own lease ends?
Read more about subletting and lease assignment
Deeper reading from our blog on saving costs through subletting and the benefits of lease assignment.
Space to spare? We will find your subtenant
Submit a request free of charge or browse the listings first. We are happy to think along about the best route, from subletting to lease assignment.
This page provides general information about subletting office space and is not legal advice. Always have your situation reviewed by a specialist before making definitive arrangements.