Why consider an office-sharing agreement?
Rent and/or operating costs for an office space are usually the most significant expense for any business. An office sharing-agreement legally allows the ‘Operator/Licensor’ to bring in another business to help share running expands by granting the use of a ?spare/unused workspace? within said property.
Is an office-sharing agreement a type of office lease?
In a word, no. An office-sharing agreement is actually a ‘contractual licence’. The key difference between a ‘license’ and an office lease, is that a licence does not grant the ‘Customer/Licensee’ any rights over a specified or fixed area. An office-sharing agreement will specify a set number of desks or workstations but will not specify their location.
Who are the parties to an office-sharing agreement?
The ’Operator/Licensor’ is the party granting the right to share office space. The ’Customer/Licensee’ is the individual or company sharing the office space. If there is more than one party, each must be named to ensure that they remain joint and severally liable under the terms of the agreement. There can be a maximum of four parties to an agreement.
If you lease and do not own the subject property?
If you lease the subject property and are not an owner, you must carefully check for any clauses that might prevent or restrict office-sharing with another business or entity. If consent from a landlord is required, this must be obtained before finalising any agreement.
What is the licence fee?
Desks or private offices in serviced office space are not subject to standard office lease terms. Instead, an agreement between a tenant and a company is established in the form of a ‘License Agreement’ and subject to a ‘License Fee’. The Customer/Licensee must also pay any VAT due on the License Fee. The License Fee can be a weekly or monthly figure but a monthly payment is most common.
Will the licence fee be all-inclusive of other costs?
Dependent on your arrangement with the ‘Operator/Licensor’, the licence fee can be inclusive of additional costs of services, such as internet, meeting room space and photocopying etc, or said costs might be billed separately.