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Subletting Tenancy Agreement Template for England and Wales

A Subletting Tenancy Agreement is a legally binding document governed by English and Welsh law that establishes the terms and conditions under which a tenant (acting as sublandlord) can rent out all or part of their rented property to another person (subtenant). This agreement must comply with various housing legislation including the Housing Act 1988 and Tenant Fees Act 2019, while also adhering to the terms of the original head lease. It sets out the rights and obligations of both parties, including rent payments, maintenance responsibilities, and duration of the subtenancy.

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What is a Subletting Tenancy Agreement?

The Subletting Tenancy Agreement is essential when an existing tenant wishes to let their rented property to another person while maintaining their original tenancy. This document type is commonly used in situations where the original tenant needs to temporarily relocate but wants to maintain their tenancy, or when they wish to share the financial burden of rent. The agreement must carefully balance the requirements of the head lease, relevant housing legislation, and the needs of all parties involved. It's crucial that the document clearly outlines permitted use, rent payments, deposit protection, and maintenance responsibilities while ensuring compliance with English and Welsh property law.

What sections should be included in a Subletting Tenancy Agreement?

1. Parties: Identification of head tenant (as sublandlord) and subtenant, including full names, addresses, and contact details

2. Background: Details of head lease, confirmation of authority to sublet, and context of the agreement

3. Definitions: Defined terms used throughout the agreement including Property, Term, Rent, Head Lease, etc.

4. Demise: Description of the property being sublet, including any specific inclusions or exclusions

5. Term: Duration of sublease, start and end dates, and any holding over provisions

6. Rent and Payment Terms: Rent amount, payment schedule, method of payment, and review provisions

7. Tenant Obligations: Comprehensive list of subtenant responsibilities including maintenance, repairs, and compliance with head lease terms

8. Landlord Obligations: Sublandlord's responsibilities including maintaining head lease and passing on notices

What sections are optional to include in a Subletting Tenancy Agreement?

1. Break Clause: Optional early termination provisions for either party, typically included for longer term subleases

2. Guarantor Provisions: Required when subtenant needs additional financial security, includes guarantor obligations and liability

3. Subletting and Assignment: Include if further subletting or assignment might be permitted, subject to head lease terms

4. Utilities and Council Tax: Optional detailed section on responsibility for utilities and council tax if not covered in main obligations

5. Insurance: Detailed insurance provisions if separate from main obligations section

What schedules should be included in a Subletting Tenancy Agreement?

1. Schedule 1: Inventory and Schedule of Condition: Detailed list of furniture, fixtures, and fittings with their condition at the start of the tenancy

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

3. Schedule 3: Property Certificates: Copies of mandatory certificates including EPC, gas safety, electrical safety

4. Appendix A: Superior Landlord's Consent: Written consent from head landlord permitting the sublease

5. Appendix B: Plans: Property plans showing the extent of the sublet premises if part of larger property

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

Jurisdiction

England and Wales

Publisher

Genie AI

Document Type

Lease Agreement

Cost

Free to use

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