Consent to Sublease - Template, Sample Form to Fill out Pro · NG-law

DEED OF CONSENT TO SUBLEASE

THIS DEED OF CONSENT TO SUBLEASE (the "Deed" or "Agreement") is made this ________ (the "Effective Date")

BY AND BETWEEN:

________, of the following address:

________

hereinafter referred to as the "Landlord" (which expression shall, where the context so admits, include its successors-in-title and assigns) of the first part;

AND

________, of the following address:

________

hereinafter referred to as the "Tenant" (which expression shall, where the context so admits, include its successors-in-title and assigns) of the second part;

AND

________, of the following address:

________

hereinafter referred to as the "Subtenant" (which expression shall, where the context so admits, include its successors-in-title and assigns) of the third part.

The Landlord, Tenant and Subtenant may individually be referred to as a "Party" and collectively as the "Parties".

WHEREAS:

A. By a Residential Lease Agreement dated ________ (the "Head Lease"), the Landlord demised unto the Tenant the property situate at and known as ________ (the "Demised Premises") for a term and upon the covenants therein contained.

B. The Head Lease contains a covenant restraining the Tenant from subletting the Demised Premises or any part thereof without the prior written consent of the Landlord.

C. The Tenant has requested, and the Landlord has agreed to grant, consent to the subletting of the Demised Premises by the Tenant to the Subtenant upon the terms and conditions set out in this Deed.

D. Subject to the terms hereof, the Landlord hereby consents to the said sublease.

NOW THEREFORE, in consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

1. CONSENT TO SUBLEASE

§1.1 The Landlord hereby grants its consent to the sublease contemplated in this Deed pursuant to and in satisfaction of the requirement for consent under the Head Lease.

§1.2 The Landlord's consent shall not be deemed, construed or treated as consent to:

(I) any further or subsequent sublease, assignment, charge or parting with possession of the Demised Premises or any part thereof; or

(II) the sublease of the Demised Premises to any person other than the Subtenant named herein, or any variation of the terms and conditions of the sublease, in each case without the prior written consent of the Landlord.

§1.3 This consent is granted strictly and exclusively for the purposes of this transaction and shall not be construed as a waiver of any covenant or condition in the Head Lease for any future or other occasion.

2. AGREEMENT TO SUBLEASE

§2.1 Subject to the terms and conditions herein, the Tenant hereby sublets to the Subtenant the following property, being the entirety of the Demised Premises together with all appurtenances thereto:

________

§2.2 The term of the sublease shall be for a period of ________, commencing on ________ and expiring on ________, provided that the said term shall in no event exceed the unexpired residue of the term granted under the Head Lease.

§2.3 The Demised Premises shall be used for residential purposes only, and no part thereof shall be used for carrying on any business, profession or trade of any kind, PROVIDED ALWAYS that:

(I) the Subtenant shall not receive any paying guests, clients or customers;

(II) the practice of any profession or trade shall not constitute a nuisance to the occupiers of the adjoining properties;

(III) the practice of any profession or trade shall not significantly increase the wear and tear of the Demised Premises; and

(IV) the Demised Premises or any part thereof shall not be used for any illegal, unlawful or immoral purpose.

3. HEAD LEASE

§3.1 The Subtenant agrees and covenants to be bound by, observe and perform all the covenants, terms and conditions of the Head Lease (save for the covenant to pay the rent reserved under the Head Lease), insofar as the same relate to the Demised Premises and are not inconsistent with this Deed.

§3.2 No part of the Head Lease or this Deed shall be modified except by the written agreement of all the Parties.

4. CONTINUING LIABILITY

§4.1 Notwithstanding this sublease, the Tenant covenants to remain bound by and liable under the Head Lease, and any breach of the provisions of the Head Lease shall entitle the Landlord to recover possession of the Demised Premises in accordance with law, thereby automatically determining this Deed.

5. RENT

§5.1 The Subtenant shall pay to the Tenant the sum of \u20a6________ (________) every week (the "Reserved Rent").

§5.2 The Reserved Rent shall fall due and be payable in advance on every ________ and shall be deemed advance payment for that week.

§5.3 The Reserved Rent shall be paid by ________.

§5.4 If any Reserved Rent is not paid within the period it falls due, the Subtenant shall be charged ________% (________ percent) of the unpaid rent for every period the Subtenant remains in default, without prejudice to any other remedy available to the Tenant or Landlord.

6. SECURITY DEPOSIT

§6.1 The Subtenant shall pay a refundable security deposit of \u20a6________ (________) in respect of the Demised Premises.

§6.2 The deposit shall be held as security to cover any damage caused to the Demised Premises during the term of the sublease. Where the cost of remedying any damage caused by the Subtenant or its authorised agents exceeds the deposit, the Subtenant shall, upon demand, pay the balance to the Tenant.

§6.3 The deposit, less any lawful deductions, shall be refunded to the Subtenant at the expiration or sooner determination of the sublease.

§6.4 The security deposit shall be paid in the same manner as the Reserved Rent.

7. CONDITION OF THE DEMISED PREMISES

§7.1 The Subtenant acknowledges and agrees that the Demised Premises are in good order, repair and condition and are located in a clean and safe environment.

8. QUIET ENJOYMENT

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9. MAINTENANCE OF ORDER

§9.1 The Subtenant shall not make or permit the making of any loud or improper noise, and shall not at any time during the term do or permit to be done on the Demised Premises any act which may constitute a nuisance or annoyance to neighbours and occupiers of adjoining premises.

10. ALTERATIONS AND IMPROVEMENTS

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11. MAINTENANCE AND REPAIR

§11.1 The Subtenant and persons authorised by the Subtenant shall at all times keep and maintain the Demised Premises and appurtenances in good and sanitary condition and repair, fair wear and tear excepted, throughout the term of this Deed and any renewal thereof.

12. ASSIGNMENT AND SUB-LETTING

§12.1 The Subtenant covenants not to let, sublet, short-let, assign, charge or license the use of the Demised Premises or any part thereof without the prior written consent of the Landlord.

13. TERMINATION AND RECOVERY OF POSSESSION

§13.1 If the Head Lease between the Landlord and the Tenant determines before its natural expiration, this Deed shall determine automatically, save where the Landlord and the Subtenant agree to a fresh tenancy.

§13.2 Where the Subtenant breaches any fundamental provision of this Deed, the same shall be determinable, and it shall be lawful for the Landlord or the Tenant, subject to compliance with the statutory notices required under the applicable Tenancy Law or the Recovery of Premises Law of ________, to recover possession of the Demised Premises and to eject the Subtenant and all persons found therein.

§13.3 Nothing in this Deed shall entitle the Landlord or the Tenant to recover possession otherwise than by due process of law, and any forfeiture, re-entry or eviction shall be effected strictly in accordance with the relevant Tenancy/Recovery of Premises legislation applicable to the location of the Demised Premises.

§13.4 Upon the expiration or sooner determination of this Deed or of the Head Lease, the Subtenant shall quit, surrender and deliver up the Demised Premises together with all appurtenances in the same condition in which they were at the commencement of the sublease, fair wear and tear excepted.

14. ABANDONMENT

§14.1 If at any time during the term the Subtenant abandons the Demised Premises or any part thereof before the date of termination, the Landlord or the Tenant shall be entitled, subject to due process of law, to repossess the Demised Premises, and the Subtenant shall remain liable to pay any outstanding rent and other sums which have become due and payable.

15. DISPUTE RESOLUTION

§15.1 The Parties shall use their best endeavours to amicably negotiate and settle any dispute, difference or claim arising out of or in connection with this Deed.

§15.2 Any dispute which cannot be amicably resolved within ________ shall be referred to and finally resolved by arbitration in accordance with the Arbitration and Mediation Act, 2023 or any statutory re-enactment or modification thereof.

§15.3 The arbitral tribunal shall consist of ________ arbitrator(s) to be appointed in the following manner:

________

§15.4 The seat and venue of the arbitration shall be ________ and the proceedings shall be conducted in the English language.

§15.5 Each Party shall bear its own costs and expenses in relation to the arbitration, save where the tribunal otherwise directs in its award.

§15.6 The award of the tribunal shall be final and binding on the Parties and may be enforced by any court of competent jurisdiction.

16. NOTICES

§16.1 Any notice required to be given under this Deed shall be in writing and delivered by hand, courier or electronic mail to the address of the relevant Party stated herein, or to such other address as a Party may notify in writing, and shall be deemed duly served upon actual receipt.

17. ENTIRE AGREEMENT

§17.1 This Deed, together with the Head Lease and any document referred to herein, constitutes the entire agreement between the Parties and supersedes all prior written or oral agreements between them in relation to the subject matter hereof.

18. SEVERABILITY

§18.1 If any provision of this Deed is held to be invalid, illegal or unenforceable by any court of competent jurisdiction, such provision shall be severed and the remaining provisions shall continue to be valid, binding and enforceable on the Parties.

19. AMENDMENT

§19.1 No amendment, modification or variation of this Deed shall be valid or binding unless made in writing and duly signed by all the Parties.

20. GOVERNING LAW

§20.1 This Deed shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria and, where applicable, the Tenancy/Recovery of Premises Law of ________.

21. COUNTERPARTS

§21.1 This Deed may be executed in any number of counterparts, each of which when executed shall be deemed an original, and all of which together shall constitute one and the same instrument.

IN WITNESS WHEREOF the Parties have executed this Deed the day and year first above written.

SIGNED, SEALED AND DELIVERED by the within-named Landlord

_________________________
________

in the presence of:

Name: ________

Address: ________

Occupation: ________

Signature: ........................................................................................

SIGNED, SEALED AND DELIVERED by the within-named Tenant

_________________________
________

in the presence of:

Name: ________

Address: ________

Occupation: ________

Signature: ........................................................................................

SIGNED, SEALED AND DELIVERED by the within-named Subtenant

_________________________
________

in the presence of:

Name: ________

Address: ________

Occupation: ________

Signature: ........................................................................................