Residential Sublease (England and Wales) - Form Pro · UK-law
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ASSURED SHORTHOLD TENANCY
SUB-LEASE AGREEMENT
for the Private Rented Sector in England and Wales
This AGREEMENT is made and takes effect on the date of last signature of the Parties.
1. PARTIES
1.1. The Sublandlord:
________ of:
________
("the Sublandlord")
1.2. The Subtenant:
________ of:
________
("the Subtenant")
The Parties have AGREED AND DO HEREBY AGREE as follows:
2. DEFINITIONS AND INTERPRETATION
2.1. Definitions. In this Agreement:
2.1.1. "Agreement" means this document and all documents supplementary to or contained within it;
2.1.2. "Assignment" means the transfer by the Subtenant of his or her rights under this Agreement to another person, subject to the prior written consent of the Sublandlord;
2.1.3. "Deposit" means the sum payable by the Subtenant to the Sublandlord on or before the Start Date as security for the performance of the Subtenant's obligations, being a tenancy deposit within the meaning of section 212 of the Housing Act 2004;
2.1.4. "Common Parts" means any part of a building containing the Property and any land or premises which the Subtenant is entitled under the terms of this Agreement to use in common with the occupiers of other dwellings;
2.1.5. "Contents" means all fixtures, fittings, furniture and effects (if any) contained within the Property at the Start Date and listed in the inventory;
2.1.6. "jointly and severally liable" means that where there is more than one Subtenant each Subtenant shall be fully and individually liable for the obligations of all other Subtenants under this Agreement, and where there is more than one Sublandlord each Sublandlord shall be fully liable for the obligations of the other Sublandlord(s);
2.1.7. "the Landlord" means the landlord under the Master Tenancy Agreement whose consent the Sublandlord has obtained in order to sublet the Property;
2.1.8. "the Master Tenancy Agreement" means the existing tenancy agreement between the Sublandlord and the Landlord;
2.1.9. "Rent" means the sum payable by the Subtenant to the Sublandlord at the intervals stated in clause 6 throughout the Term in consideration of the Subtenant's occupation of the Property;
2.1.10. "day" or "days" refers to any calendar day;
2.1.11. "the Property" means the property described in clause 3 together with any Common Parts and Contents;
2.1.12. "the Term" means the period referred to in clause 4 and any continuation under a statutory periodic tenancy;
2.1.13. "the Housing Acts" means the Housing Act 1988, the Housing Act 2004 and the Deregulation Act 2015, in each case as amended from time to time.
2.2. Interpretation:
2.2.1. words importing one gender include the other genders;
2.2.2. words importing the singular include the plural and vice versa, and where two or more persons are included in the expression "the Subtenant" their obligations shall be joint and several;
2.2.3. references to persons include companies and bodies corporate;
2.2.4. any reference to a statute or statutory provision includes any modification, re-enactment or extension of it for the time being in force together with all orders, regulations, directions and instruments made under it;
2.2.5. any obligation not to do an act includes an obligation not to permit or suffer that act to be done.
3. THE PROPERTY
3.1. The Property sublet under this Agreement is at the following address:
________
3.2. In addition to the Property, the Subtenant shall have the use of any Common Parts subject to any applicable restrictions.
3.3. The Property is let ________ (furnished / unfurnished). Any Contents provided are set out in the inventory attached to this Agreement.
3.4. The Sublandlord warrants that, save as disclosed in writing to the Subtenant, the Property is not subject to any mortgage requiring the lender's consent to this sub-letting.
4. TERM OF THE AGREEMENT
4.1. This Agreement creates an assured shorthold tenancy within the meaning of section 19A and Chapter II of Part I of the Housing Act 1988, for a fixed term commencing on ________ ("the Start Date").
4.2. The Subtenant may occupy the Property from the Start Date for a period of ________ months, ending on ________. Where neither party has served valid notice to bring the tenancy to an end before the expiry of the fixed term, the tenancy shall continue as a statutory periodic tenancy under section 5 of the Housing Act 1988 until lawfully terminated.
4.3. Notwithstanding any other provision, the Term of this sub-tenancy shall not exceed and shall in all respects remain subject to the duration of the Master Tenancy Agreement.
5. USE AND OCCUPATION OF THE PROPERTY
5.1. The Subtenant agrees to occupy the Property as their only or principal residential home.
5.2. The Subtenant shall not carry on any business, profession or trade from the Property without the prior written consent of the Sublandlord, such consent being conditional upon the terms of the Master Tenancy Agreement and any necessary consent of the Landlord.
5.3. Where the Subtenant is to be absent from the Property for any period exceeding 28 consecutive days the Subtenant shall notify the Sublandlord and take all reasonable steps to ensure the Property is secure and safeguarded against frost, flooding or other reasonably preventable damage.
6. RENT
6.1. Throughout the Term the Subtenant shall pay the Rent in advance on a ________ basis.
6.2. The Rent is £________ (________) per ________.
6.3. The first payment of Rent shall be paid on or before ________ and thereafter on each ________, each payment covering the period immediately following the date of payment.
6.4. The Subtenant shall pay the Rent by ________ or such other method as the Sublandlord may reasonably require.
6.5. The Sublandlord shall not require any payment by way of a prohibited payment within the meaning of the Tenant Fees Act 2019; any payment so prohibited shall not be payable.
7. DEPOSIT
7.1. The Subtenant shall pay a Deposit of £________ (________) to the Sublandlord on or before ________. The Deposit shall not exceed five weeks' Rent (or six weeks' Rent where the annual Rent is £50,000 or more) in accordance with Schedule 1 to the Tenant Fees Act 2019. The Subtenant shall be issued with a receipt. No interest is payable on the Deposit.
7.2. The Sublandlord shall, within 30 days of receipt, protect the Deposit in an authorised tenancy deposit scheme and provide the Subtenant with the prescribed information required by sections 213 to 215 of the Housing Act 2004. The scheme used shall be ________.
7.3. Where the Subtenant fails to meet any sum due under this Agreement, the Sublandlord may, with the Subtenant's agreement or following the determination of the deposit scheme's dispute resolution service, deduct from the Deposit reasonable sums in respect of unpaid Rent, charges for services, unpaid utility bills relating to the Property, or the cost of repairs and cleaning attributable to the act, default or neglect of the Subtenant or persons connected with them.
7.4. At the end of the tenancy the Sublandlord shall, subject to any agreed deductions, arrange for the prompt return of the Deposit. Any dispute as to the amount to be returned shall be referred to the dispute resolution service of the relevant deposit scheme.
7.5. Where the sums owing exceed the Deposit at the end of the tenancy, the Subtenant shall remain liable to the Sublandlord for the balance and the Sublandlord may take such lawful action as is necessary to recover the same.
8. COUNCIL TAX AND UTILITY BILLS
8.1. Utilities. The Rent is exclusive of all charges for the supply of gas, electricity, water, telecommunications and any other fuel or service supplied to the Property. The Subtenant shall be responsible for such charges during the Term and shall promptly register with the relevant suppliers.
8.2. Council Tax. The Subtenant shall be responsible for any council tax and associated charges payable to the local authority and shall notify the local authority of their occupation at the commencement of the Term. Where the Subtenant is exempt, the Subtenant shall likewise notify the local authority.
9. INSURANCE
9.1. The Sublandlord warrants that the Landlord shall keep the Property and all parts thereof insured against the usual insured risks for its full reinstatement value, and shall, if reasonably requested, procure production of evidence of such insurance for the Subtenant.
9.2. The Subtenant shall be responsible for insuring their own belongings in the Property. Neither the Landlord nor the Sublandlord shall be obliged to insure the Subtenant's possessions.
9.3. The Sublandlord shall maintain any insurance required under the Master Tenancy Agreement, and any related obligations placed on the Sublandlord under that agreement shall apply to the Subtenant during the Term.
9.4. The Landlord, the Sublandlord and the Subtenant shall ensure that their respective insurance arrangements are compatible with this Agreement and the Master Tenancy Agreement.
10. ASSIGNMENT
10.1. Without the prior written consent of the Sublandlord, the Subtenant shall not assign their rights under this Agreement, take in any lodger or other person not named in this Agreement, or part with possession of the whole or any part of the Property.
10.2. The Subtenant acknowledges that any consent the Sublandlord may grant is conditional upon the consent of the Landlord and the terms of the Master Tenancy Agreement.
11. SUBLETTING AND PARTING WITH POSSESSION
11.1. The Subtenant shall not sublet the whole or any part of the Property without the prior written consent of the Sublandlord and, where applicable, the Landlord under the Master Tenancy Agreement.
11.2. The Subtenant acknowledges that any such consent is conditional upon the consent of the Landlord and the terms of the Master Tenancy Agreement.
12. SUBTENANT'S OBLIGATIONS
12.1. The Subtenant accepts the Property as being in good and tenantable order and condition.
12.2. The Subtenant shall pay the Rent at the times and in the manner aforesaid without any deduction, retention or set-off save as permitted by law.
12.3. The Subtenant shall not engage in, and shall ensure that no person residing with or visiting them engages in, any anti-social behaviour towards any occupier, neighbour, the Sublandlord, the Landlord, any agent, contractor or other person. Anti-social behaviour shall constitute a ground for possession under Schedule 2 to the Housing Act 1988.
12.4. The Subtenant shall take reasonable care of the Property and any Common Parts and in particular shall:
12.4.1. keep the Property adequately aired and heated;
12.4.2. be liable for the cost of any repairs where the damage is attributable to the act, default or neglect of the Subtenant or any person residing with or visiting them;
12.4.3. not bring or keep any hazardous or combustible goods into the Property, save for the normal and safe use of petroleum and gas for ordinary household appliances;
12.4.4. not put any oil, grease or corrosive material into drains, waste pipes or sanitary appliances;
12.4.5. keep the Property and the fixtures and fittings clean and in good working order;
12.4.6. dispose of all refuse appropriately and not store rubbish in any Common Parts;
12.4.7. take reasonable steps to prevent water pipes freezing in cold weather;
12.4.8. avoid any danger to the Property or neighbouring property by fire or flooding;
12.4.9. not tamper with any smoke detectors, carbon monoxide detectors, heat detectors or fire alarm system;
12.4.10. not tamper with any locks or door-closing mechanisms;
12.4.11. notify the Sublandlord promptly of any structural damage or defect;
12.4.12. not change or add any locks without the Sublandlord's prior written consent, and be liable for the cost of any replacement keys, locks or access devices necessitated by the Subtenant's default;
12.4.13. keep no pets without the Sublandlord's prior written consent and, where permitted, keep them under control so as not to cause deterioration to the Property or nuisance to others;
12.4.14. not make any alterations to the Property, its fixtures or fittings without the prior written consent of the Sublandlord;
12.4.15. keep the interior of the Property properly decorated and obtain the Sublandlord's written approval of any colour scheme;
12.4.16. not access the roof or attic area without the Sublandlord's express written permission, save in an emergency;
12.4.17. ensure that at the end of the Term the Property is cleaned to a reasonable standard, fair wear and tear excepted.
13. SUBLANDLORD'S OBLIGATIONS
13.1. The Sublandlord agrees with the Subtenant:
13.1.1. to give the Subtenant possession of the Property at the Start Date;
13.1.2. to keep in repair and proper working order, in accordance with sections 9A and 11 of the Landlord and Tenant Act 1985:
13.1.2.a. the structure and exterior of the Property (including drains, external pipes, gutters and windows);
13.1.2.b. the installations for the supply of water, gas and electricity and for sanitation (including basins, sinks, baths and sanitary conveniences but not other appliances); and
13.1.2.c. the installations for space heating and water heating;
13.1.2.d. for the avoidance of doubt the Sublandlord is not required to repair anything the Subtenant is liable to repair, to reinstate the Property in the case of destruction by an insured risk, or to maintain anything the Subtenant is entitled to remove;
13.1.3. to keep any Contents in repair and proper working order, except where the need for repair arises from the Subtenant's default;
13.1.4. to ensure that the Property is fit for human habitation throughout the Term in accordance with the Homes (Fitness for Human Habitation) Act 2018;
13.1.5. to comply with the Gas Safety (Installation and Use) Regulations 1998, the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020, the Smoke and Carbon Monoxide Alarm (England) Regulations 2015 (as amended), and to provide the Subtenant with a valid Energy Performance Certificate, a current gas safety record, the electrical installation condition report and the Government's "How to Rent" guide.
13.2. Provided the Subtenant performs their obligations and pays the Rent and other sums due, the Subtenant may peaceably hold and enjoy the Property during the Term free from any lawful interruption by the Sublandlord or any person claiming under the Sublandlord.
13.3. The Sublandlord shall perform the foregoing obligations to the extent that the Landlord's consent is available and the Master Tenancy Agreement does not prevent the same.
13.4. The Sublandlord shall keep the Landlord informed of any repairs or issues necessary to keep the Property in good and tenantable condition.
14. ACCESS TO THE PROPERTY
14.1. The Subtenant shall permit the Sublandlord access to the Property as reasonably necessary, on no less than 48 hours' written notice (save in an emergency), in accordance with section 11(6) of the Landlord and Tenant Act 1985.
14.2. The Subtenant shall allow access for any repairs which the Sublandlord or Landlord is required to carry out under this Agreement or by law.
14.3. The Subtenant shall allow access to any contractor or tradesperson instructed by or on behalf of the Sublandlord to carry out works.
14.4. In an emergency the Sublandlord may enter the Property without the 48 hours' notice where access is not otherwise made available.
14.5. The Subtenant shall give access to the Landlord where reasonably required, and all rights of access of the Landlord under the Master Tenancy Agreement shall apply.
14.6. Once either party has given notice to terminate, the Subtenant shall permit prospective tenants to view the Property at reasonable times.
15. SMOKING
The Subtenant shall not smoke, nor permit any visitor or other occupier to smoke tobacco or any other substance, within the Property or any part thereof.
16. TERMINATION
16.1. At the end of the tenancy the Subtenant shall:
16.1.1. deliver up the Property and all Contents in as good a state of repair, condition and decorative order as at the Start Date, fair wear and tear excepted;
16.1.2. remove all possessions and rubbish; if any items are left, the Subtenant shall be liable for reasonable removal and storage costs. The Sublandlord shall store such items (other than perishables, which may be disposed of immediately) for one month and take reasonable steps to notify the Subtenant; if not collected within one month the Subtenant shall be liable for the reasonable costs of disposal, which may be deducted from any sale proceeds;
16.1.3. give vacant possession and return all keys to the Sublandlord;
16.1.4. provide the Sublandlord with a forwarding address.
16.2. Where the Sublandlord requires possession at the end of the Term, the Sublandlord shall give the Subtenant at least two months' notice in writing in accordance with section 21 of the Housing Act 1988, or shall seek possession on one or more of the grounds in Schedule 2 to that Act where applicable, in each case subject to the requirements of the Housing Act 2004 and the Deregulation Act 2015 having been satisfied.
17. RECOVERY OF POSSESSION
17.1. If at any time during the Term:
17.1.1. the Rent or any part of it is in arrears for 14 days after becoming due (whether formally demanded or not); or
17.1.2. there is a breach of any of the Subtenant's obligations; and
17.1.3. any ground for possession in Schedule 2 to the Housing Act 1988 applies;
17.2. If the tenancy ceases to be an assured tenancy and:
17.2.1. the Rent or any part of it is in arrears for 14 days after becoming due; or
17.2.2. there is a breach of any of the Subtenant's obligations; or
17.2.3. the Subtenant is made bankrupt;
the Sublandlord may, by lawful proceedings, terminate this Agreement and recover possession of the Property and its Contents.
18. NOTICES
18.1. Any notice served by the Sublandlord on the Subtenant shall be in writing and shall be deemed validly served if delivered to or left at the Property, or sent by first-class post to the Property. Notice shall be deemed received the day after being left at the Property or the second working day after posting.
18.2. Any notice served by the Subtenant on the Sublandlord shall be in writing and shall be deemed validly served if delivered to or sent by first-class post to the Sublandlord's address stated in clause 1, with deemed receipt as above.
18.3. The Sublandlord's address for service of notices, including under section 48 of the Landlord and Tenant Act 1987, is ________.
19. MASTER TENANCY AGREEMENT
This Agreement is subject and subordinate to the Master Tenancy Agreement between the Sublandlord and the Landlord. A copy of the Master Tenancy Agreement (with any commercially sensitive details redacted as agreed) shall be provided to the Subtenant alongside this Agreement.
20. WARRANTIES
20.1. The Sublandlord warrants that they have lawfully obtained possession of the Property as a tenant and that the Landlord has consented to the sub-letting of the Property under this Agreement.
20.2. The Subtenant warrants that they have made full and true disclosure of all information sought by the Sublandlord in connection with this Agreement, have not knowingly or carelessly made any false or misleading statement, and have read and understood the terms of this Agreement.
21. PROVISOS
21.1. The Subtenant shall keep the Sublandlord indemnified against all actions, proceedings, costs, claims and demands arising from:
21.1.1. any unlawful or prohibited use of the Property, or any alterations carried out by the Subtenant;
21.1.2. any interference with or obstruction of any right of light, drainage, air or other right benefiting neighbouring property; and
21.1.3. any breach by the Subtenant of the obligations contained in this Agreement.
21.2. No demand for or acceptance of Rent by the Sublandlord with knowledge of a breach shall constitute a waiver of that breach, which shall be treated as continuing.
22. SEVERABILITY
If any clause or provision of this Agreement is found by a court or other competent authority to be unlawful or unenforceable to any extent, that clause or provision shall be severed and the remaining provisions shall continue in full force and effect to the fullest extent permitted by law.
23. GOVERNING LAW AND JURISDICTION
This Agreement and any dispute or claim arising out of or in connection with it shall be governed by and construed in accordance with the law of England and Wales, and the parties submit to the exclusive jurisdiction of the courts of England and Wales.
24. THIRD PARTIES
Save as expressly stated, nothing in this Agreement confers any right on any person under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.
SIGNED BY THE PARTIES ON THE DATE OF THIS AGREEMENT:
SUBLANDLORD
SIGNED: ______________________________________
________
DATED: ________
WITNESS NAME: ________
WITNESS SIGNATURE: ______________________________________
WITNESS ADDRESS: ________
SUBTENANT
SIGNED: ______________________________________
________
DATED: ________
WITNESS NAME: ________
WITNESS SIGNATURE: ______________________________________
WITNESS ADDRESS: ________
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