Last revision: 27/03/2023
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A sublease occurs when a tenant decides to rent out a property they are currently leasing from a landlord to third parties. The tenant vacates the property and allows a third party to take use and possession in exchange for rent. The original tenant thus acts as a landlord to the third party occupying the property, while remaining the tenant of the landlord.
Under this arrangement, the original tenant becomes the 'Head Tenant' or 'Sub Landlord' . They serve as the landlord for the new occupiers, setting the rules, collecting rent and acting as their single point of contact.
The Head Tenant remains bound by a legal agreement with their landlord, and must ensure that all their obligations under the lease agreement are met, despite the fact they no longer occupy the property. It is essential that the Head Tenant acquire the consent of the landlord before subletting the property.
The new occupiers of the property are designated as 'Subtenants'. They are in a legal agreement with the Head Tenant, and have no relationship with the Landlord. Subtenants pay rent directly to the Head Tenant.
This document serves to establish a legal relationship between the Head Tenant(s) and Subtenant(s) and define the terms and conditions of the subletting arrangement. While not legally implied, the Landlord should witness and consent to this agreement.
This Sublease Agreement contains all the core terms required in any lease or tenancy agreement: property description, rent, duration of lease and obligations for property maintenance and so on.
How to Use this Document
This document is designed for a residential sublease. It should not be used for commercial sublets, but for subleasing houses, flats, apartments, summer houses or single use units within a complex. This agreement can be made between one or multiple head tenants and one or multiple subtenants.
All tenants under the original lease must be included as Head Tenants. All original tenants must vacate the property for a sublease to occur.
It is important that most if not all of the obligations imposed on the Head Tenant in their original lease agreement with the Landlord be carried over into this document. The Head Tenant remains liable for breaches of the lease, so it is important that the Subtenants are clear about the conduct expected of them. The user should specify any rules or governing regulations the use of common areas, any quiet hours, rules for pets or guests, etc.
It is advised that a copy of the original lease be consulted when filling out the document.
Once completed, this document should be printed out and signed by the Subtenant(s), Head Tenant(s) and Head Landlord.
This document is designed in recognition of Irish Land Law, the Residential Tenancies Acts 2004-2021 is particularly important.
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Other names for the document: Residential Sub Lease Agreement, Sublease for Residential Property Agreement, Residential Sub Tenancy Agreement, Subtenancy for Residential Property Agreement, Residential Sub Lease Contract