The Sub Tenancy Agreement is essential when a tenant wishes to sublease their rental property or a portion thereof to another party in New Zealand. This document is particularly relevant in situations such as temporary relocations, shared housing arrangements, or when organizations manage employee housing. The agreement must comply with the Residential Tenancies Act 1986 and typically requires the original landlord's consent. A properly structured Sub Tenancy Agreement should clearly define the relationship between all parties, specify the terms of the sublease, outline financial obligations, and address maintenance responsibilities. It's crucial for protecting the interests of the head tenant, who maintains obligations to both the original landlord and the subtenant, while ensuring the subtenant's rights are protected under New Zealand law.
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1. Parties: Identifies the head tenant (as sub-landlord), subtenant, and acknowledges the original landlord
2. Background: Explains the existence of the head lease and the intention to create a sub-tenancy
3. Definitions: Defines key terms including 'Head Lease', 'Premises', 'Term', 'Rent', and other relevant terms
4. Grant of Sub-tenancy: Formal grant of the sub-tenancy and specification of the premises being sub-let
5. Term: Duration of the sub-tenancy, including start and end dates, and any renewal options
6. Rent and Bond: Rental amount, payment frequency, method of payment, and bond details
7. Utilities and Outgoings: Responsibility for utilities, services, and other ongoing costs
8. Use of Premises: Permitted use of the premises and any restrictions
9. Maintenance and Repairs: Responsibilities for maintaining and repairing the premises
10. Head Tenant's Obligations: Specific obligations of the head tenant as sub-landlord
11. Subtenant's Obligations: Specific obligations of the subtenant
12. Insurance: Insurance requirements for both parties
13. Access and Inspections: Rights of access for head tenant and original landlord
14. Termination: Circumstances and process for ending the sub-tenancy
1. Furniture and Chattels: Required if the sub-tenancy includes furnished premises
2. Pets: Required if pets are allowed or specifically prohibited
3. Car Parking: Required if parking space is included in the sub-tenancy
4. Body Corporate Rules: Required for apartments or units subject to body corporate rules
5. Guarantor: Required if a guarantor is needed for the subtenant
6. Shared Facilities: Required if there are shared facilities or common areas
7. Special Conditions: Any additional terms specific to this sub-tenancy
1. Schedule 1 - Premises Details: Detailed description of the premises including address and any excluded areas
2. Schedule 2 - Rent and Payment Details: Detailed breakdown of rent, payment dates, and payment methods
3. Schedule 3 - Condition Report: Detailed report on the condition of the premises at the start of the sub-tenancy
4. Schedule 4 - Inventory: List of furniture and chattels if premises is furnished
5. Schedule 5 - Copy of Head Lease: Attached copy of the original lease agreement
6. Appendix A - Required Consent: Written consent from the original landlord for the sub-tenancy
7. Appendix B - Bond Lodgement Form: Official bond lodgement form for Tenancy Services
Authors
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Residential Property
Commercial Property
Student Housing
Corporate Housing
Property Management
Legal Services
Education
Hospitality
Relevant Teams
Legal
Property Management
Facilities
Human Resources
Corporate Housing
Student Services
Compliance
Operations
Tenant Relations
Administrative Services
Relevant Roles
Property Manager
Real Estate Agent
Leasing Manager
Legal Counsel
Housing Coordinator
Facilities Manager
Tenant Relations Manager
Compliance Officer
Corporate Housing Manager
Student Accommodation Officer
HR Manager
Relocation Specialist
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