The Main Tenant And Subtenant Agreement is essential when a tenant wishes to sublet their rented property in England and Wales. This document is particularly important as it defines the legal relationship between the main tenant and subtenant while ensuring compliance with the original lease terms. It covers crucial aspects such as rent payments, maintenance responsibilities, access rights, and terms of occupation. The agreement must align with both the head lease and relevant property legislation, including the Landlord and Tenant Act 1985 and Housing Act 2004. It's typically used when the main tenant needs to sublet due to relocation, financial considerations, or property management strategy.
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1. Parties: Details of the main tenant and subtenant, including full legal names and addresses
2. Background: Context of the agreement, including reference to the head lease and superior landlord relationship
3. Definitions: Key terms used throughout the agreement including Property, Head Lease, Term, Rent, etc.
4. Demise: Description of the property being sublet and any included/excluded areas
5. Term: Duration of the sublease, including start and end dates
6. Rent and Payment Terms: Amount of rent, payment frequency, method of payment, and review provisions
7. Tenant Obligations: Core responsibilities of the subtenant including maintenance, repairs, use of property, and compliance with head lease terms
8. Main Tenant Obligations: Core responsibilities of the main tenant including maintaining head lease and providing quiet enjoyment
9. Insurance: Insurance requirements and obligations for both parties
10. Termination: Circumstances and procedures for ending the agreement
1. Break Clause: Optional provisions for early termination of the agreement by either party
2. Service Charge Provisions: Details of service charges and payment arrangements for shared facilities or services
3. Alterations and Improvements: Permissions and restrictions regarding property modifications
4. Utilities and Council Tax: Specific arrangements for payment of utilities and local authority charges
5. Deposit Arrangements: Details of security deposit handling and protection scheme
1. Schedule 1: Property Inventory: Detailed list of fixtures, fittings, and condition report
2. Schedule 2: Head Lease Terms: Relevant terms from the superior lease that affect the sublease
3. Schedule 3: House Rules: Building regulations and specific property use guidelines
4. Schedule 4: Service Charge Schedule: Breakdown of service charges and allocation of costs
5. Appendix A: Superior Landlord's Consent: Written consent from the superior landlord for the subletting arrangement
6. Appendix B: Floor Plans: Detailed plans showing the extent of the sublet property
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