Residential Sublease Agreement - Template, Sample Form Pro · IE-law

RESIDENTIAL SUB-LETTING AGREEMENT

made on ________

BETWEEN

________

of ________

(the ‘Head Tenant’)

AND

________

of ________

(the ‘Subtenant’)

collectively the ‘Parties’ and each a ‘Party’.

§ 1 – BACKGROUND AND RECITALS

1.1. The Head Tenant (also referred to as the Sub-Landlord) holds a tenancy of the dwelling described below under a tenancy agreement (the ‘Master Tenancy’) with ________ (the ‘Head Landlord’).

1.2. The dwelling the subject of the Master Tenancy is situate at:

________

(the ‘Dwelling’).

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1.4. The Head Tenant remains liable to the Head Landlord for all of the Head Tenant’s obligations under the Master Tenancy dated ________ existing between the Head Tenant and the Head Landlord, and nothing in this Agreement shall operate to release the Head Tenant from those obligations.

1.5. Save as otherwise agreed in writing between the Parties, the Subtenant is solely and exclusively responsible to the Head Tenant in respect of this Agreement and acquires no rights as against the Head Landlord.

1.6. The Head Tenant warrants that the prior written consent of the Head Landlord to this sub-letting has been obtained, a copy of which is appended hereto, and that the creation of this Agreement is not prohibited by the terms of the Master Tenancy.

1.7. The Parties acknowledge that this Agreement is intended to create a tenancy to which the Residential Tenancies Acts 2004 to 2024 apply, and that the Subtenant is entitled to the protections conferred by that legislation as against the Head Tenant.

§ 2 – THE DWELLING

2.1. The Dwelling the subject of this Agreement is situate at the following address:

________

2.2. The Dwelling shall be used as a private residence only and the Subtenant shall not carry on any trade, business or profession therein, nor do anything that would constitute a breach of the Master Tenancy.

2.3. The Dwelling is let fully furnished. All furnishings, fixtures, fittings, equipment and appliances within the Dwelling remain the property of the Head Tenant, and the Subtenant shall take all reasonable care to avoid loss of or damage thereto, fair wear and tear excepted.

2.4. A complete inventory of the furnishings, equipment and appliances provided by the Head Tenant is set out in the Addendum to this Agreement and forms part hereof.

2.5. The Head Tenant warrants that the Dwelling complies with the Housing (Standards for Rented Houses) Regulations 2019 and that a valid Building Energy Rating (BER) certificate is available.

§ 3 – USE AND MAINTENANCE OBLIGATIONS

3.1. Smoking is permitted in and around the Dwelling only in the following locations:

________

3.2. The Subtenant shall test the smoke and fire alarms not less than once per month and shall promptly report any defect therein to the Head Tenant.

3.3. The following animals only are permitted to be kept in the Dwelling as pets:

________

3.4. Where pets are permitted, they shall be kept subject to the following conditions:

(1) pets must be properly house-trained;

(2) the Subtenant must promptly deal with any animal soiling within the Dwelling and within any common areas;

(3) the Subtenant must ensure that any pets kept on the Dwelling do not display aggressive or menacing behaviour towards neighbours or passers-by;

(4) the Subtenant must ensure that any pets kept on the Dwelling do not engage in ongoing, loud or disruptive behaviour reasonably capable of causing annoyance to neighbours; barking, yelping and other animal noise must be kept to a minimum, particularly during evening or quiet hours;

(5) the cost of any treatment required to de-flea or deodorise the Dwelling and its soft furnishings where a pet has resided during the term shall be borne by the Subtenant.

3.5. The Subtenant shall refrain from making noise audible outside the Dwelling (including loud music, television at high volume and parties) between the hours of ________ and ________, and shall not at any time cause nuisance or annoyance to occupiers of neighbouring properties.

3.6. Guests may reside in the Dwelling for a maximum of ________ (________) nights per month, provided they observe the following rules:

________

3.7. If a guest or guests stay for more than ________ (________) nights per month, the Subtenant must notify the Head Tenant that a further person has taken up residence in the Dwelling.

3.8. The number of persons residing in the Dwelling shall not exceed the number for which it is reasonably suited having regard to its size and the number of bedrooms.

3.9. The Subtenant shall keep any garden reasonably well tended and in no worse condition than at the commencement of this Agreement, fair wear and tear excepted.

3.10. The Subtenant shall not assign, sub-let or part with possession of the Dwelling or any part thereof.

§ 4 – TERM

4.1. This sub-letting is for a fixed term commencing on ________ and expiring on ________, and may be renewed only by subsequent agreement in writing between the Parties.

4.2. This sub-letting is automatically determined upon the expiration or earlier determination of the Master Tenancy. The Head Tenant has no power to grant the Subtenant any right of occupation extending beyond the term of the Master Tenancy.

4.3. Nothing in this Clause shall prejudice such security of tenure (if any) as the Subtenant may enjoy as against the Head Tenant under the Residential Tenancies Acts 2004 to 2024, subject always to the subsistence of the Master Tenancy.

§ 5 – RENT

5.1. The Subtenant shall pay to the Head Tenant a weekly rent of ________ (________) in consideration of the use and occupation of the Dwelling.

5.2. Rent shall be paid in advance on or before ________ in each week.

5.3. Rent shall be paid to the Head Tenant by the following method:

________

5.4. The Head Tenant shall, on request and in any event within the time required by the Residential Tenancies Acts 2004 to 2024, furnish the Subtenant with a written rent book or statement of rent received.

5.5. The Subtenant is responsible for the following utilities and charges:

- electricity;

- gas (if applicable);

- broadband and internet connection;

- refuse collection and recycling charges payable to a private waste contractor;

- television licence.

§ 6 – SECURITY DEPOSIT

6.1. The Subtenant shall pay to the Head Tenant on or before the commencement date a security deposit of ________ (________).

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§ 7 – REGISTRATION AND DATA PROTECTION

7.1. The Head Tenant shall, where required by law, register this tenancy with the Residential Tenancies Board (RTB) within the period prescribed by the Residential Tenancies Acts 2004 to 2024.

7.2. Each Party shall process any personal data of the other in accordance with the General Data Protection Regulation (Regulation (EU) 2016/679) and the Data Protection Act 2018, and only for purposes connected with this Agreement.

§ 8 – TERMINATION

This sub-letting may be terminated in accordance with the terms set out below, subject at all times to the subsistence of the Master Tenancy and the rights of the Head Landlord thereunder, and subject to the notice requirements of the Residential Tenancies Acts 2004 to 2024.

8.1. Where the Head Tenant wishes to terminate this sub-letting during the subsistence of the Master Tenancy, the Head Tenant may do so by serving on the Subtenant a valid notice of termination in writing giving not less than ________ (________) days’ notice, complying with the requirements of the Residential Tenancies Acts 2004 to 2024.

8.2. The Subtenant may terminate this sub-letting by serving on the Head Tenant a valid notice of termination in writing giving not less than ________ (________) days’ notice.

8.3. Either Party may terminate this Agreement immediately where the other is in serious or persistent breach of its obligations and fails to remedy that breach within a reasonable time after written notice, save where the breach is incapable of remedy.

8.4. Upon termination the Subtenant shall yield up the Dwelling in good and clean condition, fair wear and tear excepted, and shall return all keys to the Head Tenant.

§ 9 – DISPUTE RESOLUTION

9.1. In the event of a dispute arising between the Subtenant and the Head Tenant as to their respective rights and obligations, both shall first refer to this Agreement to clarify their respective positions.

9.2. In the first instance the Parties shall make reasonable efforts to resolve the dispute informally, in the following manner:

(1) the aggrieved Party shall notify the other Party in writing of the issue;

(2) the aggrieved Party shall set out how the issue ought to be resolved, identifying the steps required to end the dispute;

(3) the Parties shall agree a date upon which to discuss the matter and attempt to arrive at a resolution.

9.3. Both Parties shall retain records of their correspondence.

9.4. Without prejudice to the foregoing, either Party may refer the dispute to the Residential Tenancies Board for adjudication or mediation under the Residential Tenancies Acts 2004 to 2024 should informal attempts at resolution fail.

9.5. Where a dispute between the Head Tenant and the Head Landlord has been referred to the Residential Tenancies Board, the Head Tenant shall inform the Subtenant of the Board’s determination within fourteen (14) days of its delivery.

§ 10 – GENERAL

10.1. This Agreement constitutes the entire agreement between the Parties relating to the sub-letting of the Dwelling and supersedes all prior arrangements.

10.2. No variation of this Agreement shall be effective unless made in writing and signed by or on behalf of each Party.

10.3. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

10.4. Any notice under this Agreement shall be in writing and delivered to the relevant Party at the address or email set out below or as subsequently notified in writing.

§ 11 – GOVERNING LAW AND JURISDICTION

11.1. This Agreement is made subject to and shall be construed in accordance with the Residential Tenancies Acts 2004 to 2024 and the laws of Ireland.

11.2. Subject to the jurisdiction of the Residential Tenancies Board, the Parties submit to the exclusive jurisdiction of the courts of Ireland in respect of any matter arising out of this Agreement.

DECLARATION AND SIGNATURE

The Parties acknowledge that this Agreement is legally binding and enforceable, effective as of the date of signing ________.

Signed by the Head Tenant:

________________________

________

phone number: ________

email address: ________

(the ‘Head Tenant’)

in the presence of (witness):

________________________

witness name: ________

witness address: ________

Signed by the Subtenant:

________________________

________

phone number: ________

email address: ________

(the ‘Subtenant’)

in the presence of (witness):

________________________

witness name: ________

witness address: ________

Acknowledged and consented to by the Head Landlord:

________________________

________

(the ‘Head Landlord’)

phone number: ________

email address: ________

ADDENDUM to Residential Sub-Letting Agreement (inventory of furniture, equipment and appliances)

________