Residential Sublease

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The Parties/signatories to this Agreement are advised that signature of this document will have legal consequences. Where either Party is unsure or does not understand the legal obligations and responsibilities placed upon them under this Agreement, they are advised to seek legal advice before signing.

RESIDENTIAL SUBLEASE AGREEMENT

for the Private Rental Sector in England and Wales

This AGREEMENT is created on: ________

1. PARTIES

A. Sub-Landlord:

________ of:

________

(hereafter "the Sub-Landlord")

B. Sub-Tenant:

________ of:

________

(hereafter "the Sub-Tenant")

C. Guarantor:

________ (Company Number ________) whose registered office is at:

________

(hereafter "the Guarantor")

The parties have AGREED AND DO HEREBY AGREE as follows:

2. DEFINITIONS AND INTERPRETATIONS

A. Definitions

I. "Agreement" means these presents and all documents supplementary hereto or contained herein;

II. "Deposit" means the amount of money that must be paid by the Sub-Tenant on or before the Start Date of the Sublease to the Sub-Landlord in order to become resident in the Property;

III. "Common Parts" means any part of a building containing the Property and any land or premises which the Sub-Tenant is entitled under the terms of this Agreement to use in common with the owners or occupiers of other dwellings;

IV. "Contents" means all fixtures and fittings contained within the Property including any furniture, carpets, curtains and other effects listed in the attached Inventory and Report of Condition;

V. "the Guarantor" means a third party, requested by the Sub-Landlord and specified herein, who shall meet any obligation and pay any rent in arrears where the Sub-Tenant fails to do so. The Guarantor can have legal action taken against them by the Sub-Landlord to recover any rent not paid by the Sub-Tenant or any obligation not met by the Sub-Tenant under this Agreement;

VI. "jointly and severally liable" means that where there is more than one Sub-Tenant, each Sub-Tenant shall be fully and jointly liable for the obligations of all other Sub-Tenants as set out under this Agreement. Where there is more than one Sub-Landlord, each Sub-Landlord shall be fully liable for the obligations of the other Sub-Landlord(s) to the Sub-Tenants as set out under this Agreement;

VII. "the Landlord" means the designated Landlord under the Master Tenancy Agreement whose permission the Sub-Landlord has gained in order to sublease the Property to the Sub-Tenant;

VIII. "the Master Tenancy Agreement" means the existing tenancy agreement between the Sub-Landlord and the Landlord as so designated in the Master Tenancy Agreement;

IX. "Rent" or any variation thereof means the amount of money payable by the Sub-Tenant to the Sub-Landlord at regular intervals throughout the Period of the Sublease in order to be resident in the Property;

X. "Rent Review Date" means the day falling 12 calendar months after the commencement of this Agreement, that being 12 calendar months from the date on which the Sub-Tenant shall be permitted to use and occupy the Property, and every day falling each 12 calendar months thereafter;

XI. "the Sub-Landlord" means the Landlord as set out under this Agreement, who has lawfully obtained possession of the Premises from the Initial Landlord, and any person or persons deriving title from them;

XII. "the Sub-Tenant" means the Sub-Tenant as set out under this Agreement and its permitted assignees and in the case of an individual shall include his personal representatives and any joint Sub-Tenant.

B. Interpretations:

I. Words which import the neuter gender only shall include the masculine and feminine genders; words importing the masculine gender only shall include the feminine gender and vice versa.

II. Words which import the singular only shall also include the plural and vice versa; where two or more persons are included in the expression "the Sub-Tenant", or any variation thereof, obligations contained within this Agreement which are to be made by the Sub-Tenant shall be binding jointly and severally on them and their respective representatives and executors.

III. Words importing persons, where that person is not a Sub-Tenant, include companies and vice versa.

IV. Reference to any Act of Parliament shall include any modification, reenactment, amendment or extension thereof for the time of it being in force and shall also include all orders, plans, regulations, directions, permissions, bye-laws and instruments for the time being made, issued or given thereunder or deriving validity therefrom.

V. Where any obligation placed on a Sub-Tenant under this Agreement provides for the Sub-Tenant not to do an act or thing shall include an obligation not to permit such act or thing to be done and to prevent such act or thing being done by a third party.

3. THE PROPERTY

A. The Property to be subleased under this Agreement is at the following address:

________

B. The Property includes:

I. a private garden

II. a private garage

C. In addition to the Property the Sub-Tenant will also have use of any Common Parts which they will use subject to any applicable restrictions.

D. The Property shall be let in a furnished condition. The Sub-Tenant accepts that the Inventory and Record of Condition attached to this Agreement provides an accurate and detailed account of the state and condition of the furniture and furnishings of the Property at the start date of this Agreement.

E. The Property is currently subject to a mortgage.

4. TERM OF THE AGREEMENT

A. This Agreement shall be an assured shorthold tenancy that shall operate on a periodic basis commencing on ________.

B. Under the terms of this Agreement the Sub-Tenant shall be permitted to use and occupy the Property from the ________ for a minimum period of one month from the start date of the Agreement and after the one month period this Agreement shall continue on a rolling basis monthly from this date until notice is given by either party to terminate this Agreement.

5. USE AND OCCUPATION OF THE PROPERTY

A. Under this terms of this agreement the Sub-Tenant agrees to occupy the Property as their residential home.

B. The Sub-Tenant shall be forbidden from carrying out any business, profession or trade from the Property unless prior written permission has been received and granted by the Sub-Landlord or the Sub-Landlord's representatives. The Sub-Tenant accepts and understands that any permission it receives from the Sub-Landlord shall be conditional upon the terms of the Master Tenancy Agreement and any necessary permission received from the Landlord.

C. Where the Sub-Tenant shall be absent from the Property for a period exceeding fourteen days the Sub-Tenant is obligated to notify the Sub-Landlord of this and shall take all reasonable steps to ensure that the Property is secure and to safeguard from frost or flooding or any other events which may cause damage to the Property that can be reasonably prevented.

6. RENT

A. A first advance payment of £________ (________) shall be paid on or before ________ in respect of the period from ________ to ________.

B. Thereafter payments of £________ (________) per week must be received on or before Monday of each week.

C. The method by which the Sub-Tenant should pay the Sub-Landlord is: ________. This shall be the standard and preferred method of payment under this Agreement. Rent may be paid using another method under reasonable circumstances and where the Sub-Tenant has agreed this with the Sub-Landlord prior to payment being made.

7. RENT INCREASE

A. On each Rent Review Date the Sub-Landlord may increase the Rent by a maximum of ________%, such increased Rent being effective and payable on that Rent Review Date and on subsequent days that payments of Rent fall due unless and until increased in accordance with this Agreement, providing that the Sub-Landlord serves a written rent review notice on the Sub-Tenant not less than 28 days but no more than 90 days before the relevant Rent Review Date specifying:

I. the percentage by which the rent will increase on the relevant review date; and

II. the new rent payable on the relevant review date and thereafter.

B. If the Sub-Landlord fails to comply with these requirements, or does not increase Rent on any Rent Review Date, the Rent will not change unless and until increased in accordance with this Agreement at a subsequent Rent Review Date.

8. DEPOSIT

A. The Sub-Tenant is required to pay a deposit of £________ (________), to the Sub-Landlord, on or before ________. The Sub-Tenant shall be provided with a receipt by the Sub-Landlord for the deposit paid. The deposit shall not be subject to any interest charges.

B. The Sub-Landlord shall lodge the deposit paid by the Sub-Tenant with a deposit scheme within thirty days of receipt of the deposit. The Sub-Tenant shall be provided with all relevant and necessary information concerning the tenancy deposit scheme used by the Sub-Landlord.

C. In the event that the Sub-Tenant fails to meet any cost or payment which is due to the Sub-Landlord under this Agreement, or so otherwise mutually agreed by the parties in writing, the Sub-Landlord shall apply for any reasonable costs to be deducted from the deposit which has been paid by the Sub-Tenant. This shall include but it is not limited to any situation where the Sub-Tenant fails to pay the rent, charges for services, unpaid bills related to the property or the cost of repairs and cleaning to the property sustained as a result of the actions of the Sub-Tenant or persons connected to them.

D. Where at the end of the Sub-Tenancy all or some of the deposit remains, the Sub-Landlord shall request the deposit to be released by the tenancy deposit scheme. Where the Sub-Tenant disputes the amount available the tenancy deposit scheme shall conduct dispute resolution.

E. In the event that the Sub-Tenant owes a sum more than the deposit at the end of the Agreement, the Sub-Tenant shall remain liable to the Sub-Landlord for the outstanding amount. The Sub-Landlord shall be entitled to carry out legal action against the Sub-Tenant to recover the outstanding debt.

9. LOCAL AUTHORITY TAXES AND UTILITY BILLS

A. Utilities

All payments of rent due under this Agreement shall be exclusive of any and all charges for the provision and supply of any gas, electricity and any other fuel or service supplied to the Property. The Sub-Tenant agrees and acknowledges that they shall be responsible for the costs of such aforementioned services supplied to the Property during the period of the Agreement.

B. Local Authority taxes and charges

I. Where the Sub-Tenant is liable to pay any rates and other associated charges to the local authority this shall be included in the amount of rent that is payable by the Sub-Tenant to the Sub-Landlord throughout the period of this Agreement.

II. Where the Sub-Tenant is exempt from paying any rates and other associated charges, the Sub-Tenant shall notify the local authority of this at the beginning of the period of this Agreement.

10. OTHER CHARGES

A. The following other charges shall be payable by the Sub-Tenant during the period of this Agreement:

________

B. The charges detailed above shall be included in the rent paid by Sub-Tenant throughout the period of the Agreement.

11. INSURANCE

A. The Sub-Landlord warrants that the Landlord shall at all times during the operation of this Agreement insure and keep insured the Property and all parts thereof against the normal insured risks with the insurers for the full reinstatement value thereof. The Landlord will, if reasonably required and requested, produce a certificate from the Insurers to Sub-Landlord who shall provide such certificate to the Sub-Tenant stating the parts of the Property so insured and the date to which the premiums have been paid.

B. The Sub-Tenant shall be responsible for the insurance of any or all of their belongings which are present in the Property subleased by the Sub-Tenant from the Sub-Landlord. The Landlord and the Sub-Landlord shall have no obligation to insure the contents on the Property where those contents are the possessions of the Sub-Tenant.

C. The Sub-Landlord shall keep in place any relevant insurance policies as is required of them under the terms of the Master Tenancy Agreement. Any such requirements placed upon the Sub-Landlord under the Master Tenancy Agreement shall also be applicable to the Sub-Tenant during the term of the Agreement.

D. The Landlord, the Sub-Landlord and the Sub-Tenant shall ensure that the relevant insurance policies taken out by them are compatible with the terms of this Agreement and the Master Tenancy Agreement.

12. ASSIGNATION

A. Where the Sub-Tenant has not been provided with written permission by the Sub-Landlord, they shall be forbidden from assigning their rights under this Agreement in the Property to another person; take in a lodger or any other persons unnamed in this Agreement; or assign any part of the Property or give up possession of the Property to any other person.

B. The Sub-Tenant acknowledges and understands that any permission which may or may not be granted by the Sub-Landlord is dependant upon the agreement and permission of the Landlord or any relevant terms of the Master Tenancy Agreement which may influence or affect such permission being granted.

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14. SUB-TENANT'S OBLIGATIONS

A. The Sub-Tenant accepts the Property as is in good tenantable order and condition.

B. The Sub-Tenant agrees and undertakes to pay the rent herein stipulated at the times and in the manner aforesaid and without any retention, deduction or set-off save as aforesaid.

C. The Sub-Tenant shall refrain from engaging in antisocial behaviour and conduct while they are resident in the Property and any part thereof. Where the Sub-Tenant has any persons resident with them or any visitors to the Property, the Sub-Tenant shall be responsible for ensuring that these persons do not engage in antisocial behaviour while on the Property and any part thereof. In particular the Sub-Tenant and any persons connected to them must not engage in any antisocial behaviour towards anyone present in the Property, a neighbour, the Sub-Landlord, the Landlord, agent, contractor and any other persons. Where the Sub-Tenant is found to have engaged in antisocial behaviour, this shall be a ground for termination of this Agreement.

D. The Sub-Tenant agrees to take reasonable care of the Property and any common parts thereof which the Property form part and in particular agrees to undertake the following obligations:

I. To keep the Property aired and heated.

II. To be liable for the cost of any repairs where the damage that has been sustained is attributable to the fault or negligence of the Sub-Tenant or any person or guest residing with them.

III. To not keep or bring any hazardous or combustible goods or materials into the Property or any parts thereof, notwithstanding the normal and safe use and storage of petroleum and gas for commonly used household goods and appliances.

IV. Not to put any oil, grease or other damaging or corrosive material down drains, waste pipes or into any washing or sanitary appliances.

V. To keep the Property and any parts thereof clean and in good working order and the fixtures and fittings and furniture there in good condition.

VI. To dispose of all rubbish in an appropriate manner and at an appropriate time and to ensure that any rubbish is not placed or stored in any common areas at any time.

VII. To prevent water pipes freezing in cold weather.

VIII. To avoid danger to the Property and any parts therein or any neighbouring property by way of fire or flooding.

IX. Not to tamper or interfere with any smoke detectors, carbon monoxide detectors, heat detectors or the fire alarm system.

X. Not to tamper or interfere with any locks or relevant door closing mechanisms included within the Property.

XI. To immediately notify the Sub-Landlord of any structural damage or defects in the Property or any other part thereof.

XII. Not to change or add any locks to the property without the prior written permission of the Sub-Landlord and where the replacement of any keys, locks or access devices are necessary due to the fault of the Sub-Tenant they shall be liable to cover the costs of such necessary replacements.

XIII. Not to mistreat any furniture or furnishings provided for the use of the Sub-Tenant, or provide any person residing with them to mistreat any furniture or furnishings and, in the event of the latter occurring, to take such steps as are available to remove that person from the Property.

XIV. Not to keep any pets within the Property or any part thereof at any time.

XV. Not to make any alterations to the Property, it fixtures or fittings, nor to carry out any external alterations at anytime whatsoever.

XVI. To keep any area of garden in good order and to not cause damage to any part or parts of it.

XVII. To keep the interior of the Property properly decorated and to ensure that the Property is properly decorated at the termination of this Agreement. The Sub-Tenant must have the Sub-Landlord's written approval of any colour scheme with which they wish to decorate the Property.

XVIII. Not to access the roof or attic area of the tenement without the Sub-Landlord's express written permission, except where it becomes necessary in the case of an emergency.

XIX. To ensure that at the termination of this Agreement the Property is cleaned to the highest standard and that any carpets, curtains and other similar fabrics are free from stains and soils which occurred during course of this Agreement.

15. SUB-LANDLORD OBLIGATIONS

A. The Sub-Landlord agrees with the Sub-Tenant:

I. to give the Sub-Tenant possession of the Property at the start of the Agreement;

II. to keep in tenantable repair and working order:

a. the structure and exterior of the Property (including drains, external pipes, gutters and windows);

b. the installations in the Property for the supply of water, gas and electricity, and for sanitation (including basins, sinks, baths and sanitary conveniences, but not other fixtures, fittings and appliances for making use of the supply of water, gas or electricity); and

c. the installations in the Property for space heating and water.

d. For the avoidance of doubt the Sub-Landlord is not required to repair anything which the Sub-Tenant is liable to repair by virtue of the Sub-Tenant's obligation to take reasonable care of the Property, to rebuild or reinstate the Property in the case of destruction or damage by fire, storm or flood, or to keep in repair or maintain anything which the Sub-Tenant is entitled to remove from the Property;

III. to keep in repair and proper working order any of the Contents except where the damage or need to repair arises as a result of the Sub-Tenant's failure to comply with the obligations of this Agreement;

B. Provided that the Sub-Tenant upholds and fulfils its obligations and all other stipulations as set out under this Agreement and pays the rents and other payments herein stipulated the Sub-Landlord shall allow the Sub-Tenant shall to peaceably hold and enjoy the Property during the period of this Agreement free from any lawful interruption by the Sub-Landlord or any person rightfully claiming through, under or in trust for the Sub-Landlord.

C. The Sub-Landlord shall ensure all the above is undertaken and upheld during the period of the Agreement provided where the permission of the Landlord is readily available to them and no terms or conditions of the Master Tenancy Agreement shall prevent them from carrying out or undertaking any obligations placed upon them in this Agreement.

D. The Sub-Landlord shall at all times keep the Landlord informed and communicate with the Landlord about any problems, repairs or any other issues which are necessary for the Property to be kept in a good and tenantable condition.

16. ACCESS TO THE PROPERTY

A. The Sub-Tenant agrees to allow the Sub-Landlord access to the Property from time to time as is necessary. The Sub-Tenant shall be given no less than forty-eight hours notice of the Sub-Landlord's intention to visit. The Sub-Tenant must allow access for repairs which the Sub-Landlord or Landlord is required to do under this Agreement, by the law, or by any other agreement between the parties. The Sub-Tenant must also allow any tradesperson, or contractors hired by the Sub-Landlord, access to the Property to carry out relevant repairs or any other work as is deemed necessary.

B. The Sub-Tenant must allow access to the Property by the Sub-Landlord for inspections to ensure the Property is being cared for properly under the terms of this Agreement. Inspections shall be carried out Monthly. The first inspection shall happen on ________. Thereafter inspections shall take place every month subsequently. The Sub-Tenant shall be given forty-eight hours notice before every inspection and shall agree with the Sub-Landlord a suitable time for the inspections to take place for both parties.

C. In the event of an emergency, the Sub-Landlord reserves the right to effect forcible entry to the Property where access is not made available by the Sub-Tenant or the Sub-Tenant is absent from the Property. Where emergency access is required to the Property the forty-eight hour notice period shall not be necessary.

D. The Sub-Tenant shall be required to give access to the Landlord where so reasonably required and all rights of access of the Landlord as set out in the Master Tenancy Agreement shall also apply in this Agreement.

17. CONTENTS AND CONDITION

A. The Sub-Tenant undertakes and agrees that the Inventory and Record of Condition, attached to this Agreement, that will be supplied to the Sub-Tenant no later than the start date of the Agreement on ________, is a complete and accurate reflection of the contents and condition of the contents contained within the Property at the start date of the Agreement.

B. Upon receipt of the Inventory and Record of Condition the Sub-Tenant shall sign the document confirming receipt of such Inventory and shall have ________ days from the start date of this Agreement to confirm that the Inventory is accurate and shall either:

I. notify the Sub-Landlord in writing of any discrepancies contained within the Inventory and Record of Condition so such discrepancies can be amended; or

II. accept the contents and findings of the Inventory and Record of Condition by taking no action and after the ________ day period has passed the Sub-Tenant will be deemed to be satisfied that the information contained within the Inventory and Record of Condition is accurate.

C. Where any of the contents of the Property are destroyed, damaged, removed or lost during the term of the Agreement the Sub-Tenant shall be liable for the cost of any replacement or repairs required where it is necessary due to the actions of the Sub-Tenant or any persons connected to the Sub-Tenant. Where replacement or repair is due to reasonable and expected wear and tear, the Sub-enant shall not be liable for any costs. Any items which must be replaced shall be replaced by items of an equivalent value and quality.

18. SMOKING

The Sub-Tenant shall be forbidden to smoke or to permit visitors, or other persons resident with the Sub-Tenant, to smoke tobacco or any other substance in the Property and any parts thereof.

19. GUARANTOR OBLIGATIONS

A. In consideration of the Sub-Landlord agreeing to this Agreement, the Guarantor covenants with the Sub-Landlord that the Sub-Tenant will pay the Rent and comply with all the Sub-Tenant's obligations in this Agreement. In any case of default by the Sub-Tenant the Guarantor will pay the rents and comply with those obligations, and will on demand make good to the Sub-Landlord on a full indemnity basis all liability incurred or suffered by the Sub-Landlord as a result of that default;

B. As between the Sub-Landlord and the Guarantor, the Guarantor is a principal debtor and not merely a surety;

C. The Guarantor's liability will not be reduced or discharged by any of the following:

I. any time, indulgence or concession granted by the Sub-Landlord to the Sub-Tenant or to any other person who is liable;

II. the existence of or dealing with, varying or failing to perfect or enforce any security which may be or become available to the Sub-Landlord;

III. any right to set off (whether legal or equitable), counterclaim or deduction which may have accrued to the Sub-Tenant or the Guarantor;

IV. any non-acceptance of the Rent or other sums due under this Agreement in circumstances where the Sub-Landlord has reason to suspect a breach of the Sub-Tenant's obligations under this Agreement;

V. any waiver by the Sub-Landlord of any right to forfeit this Agreement;

VI. the end of the fixed term of this Agreement.

20. TERMINATION

A. At the end of the Agreement the Sub-Tenant must:

I. leave the Contents and any substituted furniture and effects in the rooms in which they were at the start of the Agreement;

II. deliver up to the Sub-Landlord the Property and all Contents and any substituted furniture and effects cleaned and tidy and in as good a state of repair and condition, and decorative order, as they were at the start of this Agreement, or when provided by the Sub-Landlord, fair wear and tear excepted, in accordance with this Agreement;

III. remove all possessions belonging to the Sub-Tenant or any member of the Sub-Tenant's Household or visitor and all rubbish from the Property. If any such items are left in the Property at the end of the Agreement the Sub-Tenant will be liable for meeting all reasonable removal and storage charges. The Sub-Landlord will remove and store possessions for one month (other than any perishable items which will be disposed of immediately) and will take reasonable steps to notify the Sub-Tenant. If the items are not collected within one month the Sub-Tenant will be liable for the reasonable costs of disposal, and should any items be sold, the costs of storage and disposal may be deducted from the sale proceeds;

IV. give vacant possession and return all keys to the Sub-Landlord;

V. provide the Sub-Landlord with a forwarding address.

B. Where the Sub-Landlord wants the Sub-Tenant to leave the Property the Sub-Landlord must give the Sub-Tenant at least six months' notice in writing before the desired date upon which this Agreement should come to an end in accordance with section 21 of the Housing Act 1988 or seek possession on one or more of the grounds contained in Schedule 2 to the Housing Act 1988 if any of those grounds apply.

21. RECOVERY OF POSSESSION

A. If at any time whatsoever during the period of the Agreement:

I. the Rent or any part of it is in arrears for 14 days after it has become due (whether legally demanded or not); or

II. there is a breach of any of the obligations or agreements on the part of the Sub-Tenant; and

III. any grounds for possession in the Housing Act 1988, Schedule 2 apply;

the Sub-Landlord may re-enter upon the Property, or any part of the Property, in order to resume possession of the Property and its Contents and any substituted fixtures and furniture and the Agreement, with due regard to the Master Tenancy Agreement, shall determine, but without prejudice to the other rights and remedies of the Sub-Landlord but whilst the Sub-Tenant resides in the Property, the Sub-Landlord will only re-take possession having first obtained a court order for possession of the Property having first given notice to the Sub-Tenant of his intention to apply for a court order in accordance with the Housing Act 1988, and subsequently having successfully applied for such an order.

B. If the Agreement ceases to be an assured tenancy and:

I. the Rent or any part of it is in arrears for 14 days after it has become due (whether legally demanded or not); or

II. there is a breach of any of the obligations or agreements on the part of the Sub-Tenant; or

III. the Sub-Tenant is declared bankrupt

the Sub-Landlord reserves the right to terminate the Agreement and to re-take possession of the Property, its Contents and any substituted fixtures and fittings, and furniture.

22. SUB-TENANT'S BREAK CLAUSE

A. The Sub-Tenant may end this Agreement at any time during the period of the Agreement by giving the Sub-Landlord no less than ________ months notice in writing before the relevant date upon which they wish the Agreement to terminate.

23. SUB-LANDLORD'S BREAK CLAUSE

The Sub-Landlord may end this Agreement by giving the Sub-Tenant at least ________ calendar months' notice in writing, but the termination of the Agreement in accordance with this clause shall not entitle the Sub-Landlord to retake physical possession of the Property unless the Sub-Landlord has obtained a court order.

24. NOTICES

A. Any notice served by the Sub-Landlord on the Sub-Tenant must be served in writing and will be deemed sufficiently served if sent by registered post to or left at the Property. Notices shall be taken to have been received the day after being left at the Property or the day after posting;

B. Any notice served by the Sub-Tenant on the Sub-Landlord must be served in writing and will be deemed sufficiently served if sent by registered post to or left at the Sub-Landlord's Address. Notices shall be taken to have been received the day after being left at the Property or the day after posting.

25. MASTER TENANCY AGREEMENT

This Agreement is subject and subordinate to the Master Tenancy Agreement, dated ________, which exists between the Sub-Landlord and the Landlord. A copy of the Master Tenancy Agreement will be provided to the Sub-Tenant alongside this Agreement.

26. WARANTIES

A. The Sub-Landlord warrants and confirms that they have lawfully gained possession of the Property from the Landlord as a tenant and that the Landlord has granted their permission for the Property to be sub-let by the Sub-Landlord under this Agreement.

B. The Sub-Tenant warrants and confirms: to have made a full and true disclosure of all the information sought by the Sub-Landlord in connection with the granting of this Agreement; not to have knowingly or carelessly made any misleading or false statements, whether written or oral, which might affect the Sub-Landlord's decision to enter into this Agreement with the Sub-Tenant; to have read and understood the terms of this Agreement.

27. PROVISOS

A. The Sub-Tenant shall ensure the Sub-Landlord is indemnified in relation to all and any actions, proceedings, charges, costs, claims and demands against, suffered or incurred by the Sub- Landlord as a result of:

I. any unlawful or prohibited use of the Property or any defect in the Property or the carrying out of any additions or alterations to the Property;

II. interference or alleged interference of any sort or any obstruction of a right or alleged right of light, drainage, air and any other such right which now exists for the benefit and enjoyment of any neighbouring, adjoining or adjacent property; and

III. any breach or failure to observe any obligations, conditions and other provisions contained within this Agreement by the Sub-Tenant.

B. Any demand for rent or any acceptance of rent, or any other sum due and payable by the Sub-Tenant under this Agreement, by the Sub-Landlord or its agent with knowledge of any breach of the obligations on the part of the Sub-Tenant under this Agreement shall not be or be considered to be a waiver wholly or partially of any such breach. Any breach of obligations by the Sub-Tenant shall be considered to be a continuing breach and the Sub-Tenant and any person in possession of or holding any interest under or through the Sub-Tenant shall not be entitled to set up any such demand for or acceptance of rent by the Sub-Landlord or its agent as a defence in any action for termination of this Agreement or otherwise.

C. Unless as a result of the Sub-Landlord's negligence, the Sub-Landlord shall not be or become liable to the Sub-Tenant or any and all persons connected to them at any time whatsoever in relation to any personal injury, death, loss, damage or expense sustained by the Sub-Tenant or any and all persons connected to them while present in the Property or any parts thereof or for any personal injury, death, loss, expense or damage incurred by the Sub-Tenant or any and all persons connected to them through any act or omission of the proprietors, tenants or occupiers of the remainder of the property or any other adjoining or neighbouring properties.

28. SEVERABILITY

Where any accepted and recognised body of authority finds any clause, provision, undertaking, condition, obligation, term or any other stipulation within this Agreement to be unlawful or unenforceable to any such extent, such clause, provision, undertaking, condition, obligation, term or any other stipulation within this Agreement shall be severed from the remainder of the Agreement and all other remaining clauses, provisions, undertakings, conditions, obligations, terms and all and any other stipulations shall remain in effect and valid to their fullest extent as permitted by the law.

29. GOVERNING LAW

This lease shall be interpreted and construed in accordance with the Law of England and Wales and any dispute, difference or question of any kind which shall or may arise between the parties of this Agreement shall be determined exclusively in accordance with the Law of England and Wales and the jurisdiction of the Courts of England and Wales.


IN WITNESS WHEREOF the parties consent to registration hereof for preservation and execution:



_______________________________
Signature of ________

Date:

_______________________________
Signature of Witness

_______________________________
Name of Witness (BLOCK CAPITALS)

Address of Witness:





Date:



_______________________________
Signature of ________

Date:

_______________________________
Signature of Witness

_______________________________
Name of Witness (BLOCK CAPITALS)

Address of Witness:





Date:

_______________________________
Signature of ________ for and on
behalf of ________

Date:


_______________________________
Signature of Witness

_______________________________
Name of Witness (BLOCK CAPITALS)

Address of Witness:





Date:

RESIDENTIAL SUBLEASE AGREEMENT


Inventory and Record of Condition

The following information details the furniture and fittings and their condition in the Property at the start date of the Agreement. This inventory pertains to the Premises at:

________

See your document
in progress

The Parties/signatories to this Agreement are advised that signature of this document will have legal consequences. Where either Party is unsure or does not understand the legal obligations and responsibilities placed upon them under this Agreement, they are advised to seek legal advice before signing.

RESIDENTIAL SUBLEASE AGREEMENT

for the Private Rental Sector in England and Wales

This AGREEMENT is created on: ________

1. PARTIES

A. Sub-Landlord:

________ of:

________

(hereafter "the Sub-Landlord")

B. Sub-Tenant:

________ of:

________

(hereafter "the Sub-Tenant")

C. Guarantor:

________ (Company Number ________) whose registered office is at:

________

(hereafter "the Guarantor")

The parties have AGREED AND DO HEREBY AGREE as follows:

2. DEFINITIONS AND INTERPRETATIONS

A. Definitions

I. "Agreement" means these presents and all documents supplementary hereto or contained herein;

II. "Deposit" means the amount of money that must be paid by the Sub-Tenant on or before the Start Date of the Sublease to the Sub-Landlord in order to become resident in the Property;

III. "Common Parts" means any part of a building containing the Property and any land or premises which the Sub-Tenant is entitled under the terms of this Agreement to use in common with the owners or occupiers of other dwellings;

IV. "Contents" means all fixtures and fittings contained within the Property including any furniture, carpets, curtains and other effects listed in the attached Inventory and Report of Condition;

V. "the Guarantor" means a third party, requested by the Sub-Landlord and specified herein, who shall meet any obligation and pay any rent in arrears where the Sub-Tenant fails to do so. The Guarantor can have legal action taken against them by the Sub-Landlord to recover any rent not paid by the Sub-Tenant or any obligation not met by the Sub-Tenant under this Agreement;

VI. "jointly and severally liable" means that where there is more than one Sub-Tenant, each Sub-Tenant shall be fully and jointly liable for the obligations of all other Sub-Tenants as set out under this Agreement. Where there is more than one Sub-Landlord, each Sub-Landlord shall be fully liable for the obligations of the other Sub-Landlord(s) to the Sub-Tenants as set out under this Agreement;

VII. "the Landlord" means the designated Landlord under the Master Tenancy Agreement whose permission the Sub-Landlord has gained in order to sublease the Property to the Sub-Tenant;

VIII. "the Master Tenancy Agreement" means the existing tenancy agreement between the Sub-Landlord and the Landlord as so designated in the Master Tenancy Agreement;

IX. "Rent" or any variation thereof means the amount of money payable by the Sub-Tenant to the Sub-Landlord at regular intervals throughout the Period of the Sublease in order to be resident in the Property;

X. "Rent Review Date" means the day falling 12 calendar months after the commencement of this Agreement, that being 12 calendar months from the date on which the Sub-Tenant shall be permitted to use and occupy the Property, and every day falling each 12 calendar months thereafter;

XI. "the Sub-Landlord" means the Landlord as set out under this Agreement, who has lawfully obtained possession of the Premises from the Initial Landlord, and any person or persons deriving title from them;

XII. "the Sub-Tenant" means the Sub-Tenant as set out under this Agreement and its permitted assignees and in the case of an individual shall include his personal representatives and any joint Sub-Tenant.

B. Interpretations:

I. Words which import the neuter gender only shall include the masculine and feminine genders; words importing the masculine gender only shall include the feminine gender and vice versa.

II. Words which import the singular only shall also include the plural and vice versa; where two or more persons are included in the expression "the Sub-Tenant", or any variation thereof, obligations contained within this Agreement which are to be made by the Sub-Tenant shall be binding jointly and severally on them and their respective representatives and executors.

III. Words importing persons, where that person is not a Sub-Tenant, include companies and vice versa.

IV. Reference to any Act of Parliament shall include any modification, reenactment, amendment or extension thereof for the time of it being in force and shall also include all orders, plans, regulations, directions, permissions, bye-laws and instruments for the time being made, issued or given thereunder or deriving validity therefrom.

V. Where any obligation placed on a Sub-Tenant under this Agreement provides for the Sub-Tenant not to do an act or thing shall include an obligation not to permit such act or thing to be done and to prevent such act or thing being done by a third party.

3. THE PROPERTY

A. The Property to be subleased under this Agreement is at the following address:

________

B. The Property includes:

I. a private garden

II. a private garage

C. In addition to the Property the Sub-Tenant will also have use of any Common Parts which they will use subject to any applicable restrictions.

D. The Property shall be let in a furnished condition. The Sub-Tenant accepts that the Inventory and Record of Condition attached to this Agreement provides an accurate and detailed account of the state and condition of the furniture and furnishings of the Property at the start date of this Agreement.

E. The Property is currently subject to a mortgage.

4. TERM OF THE AGREEMENT

A. This Agreement shall be an assured shorthold tenancy that shall operate on a periodic basis commencing on ________.

B. Under the terms of this Agreement the Sub-Tenant shall be permitted to use and occupy the Property from the ________ for a minimum period of one month from the start date of the Agreement and after the one month period this Agreement shall continue on a rolling basis monthly from this date until notice is given by either party to terminate this Agreement.

5. USE AND OCCUPATION OF THE PROPERTY

A. Under this terms of this agreement the Sub-Tenant agrees to occupy the Property as their residential home.

B. The Sub-Tenant shall be forbidden from carrying out any business, profession or trade from the Property unless prior written permission has been received and granted by the Sub-Landlord or the Sub-Landlord's representatives. The Sub-Tenant accepts and understands that any permission it receives from the Sub-Landlord shall be conditional upon the terms of the Master Tenancy Agreement and any necessary permission received from the Landlord.

C. Where the Sub-Tenant shall be absent from the Property for a period exceeding fourteen days the Sub-Tenant is obligated to notify the Sub-Landlord of this and shall take all reasonable steps to ensure that the Property is secure and to safeguard from frost or flooding or any other events which may cause damage to the Property that can be reasonably prevented.

6. RENT

A. A first advance payment of £________ (________) shall be paid on or before ________ in respect of the period from ________ to ________.

B. Thereafter payments of £________ (________) per week must be received on or before Monday of each week.

C. The method by which the Sub-Tenant should pay the Sub-Landlord is: ________. This shall be the standard and preferred method of payment under this Agreement. Rent may be paid using another method under reasonable circumstances and where the Sub-Tenant has agreed this with the Sub-Landlord prior to payment being made.

7. RENT INCREASE

A. On each Rent Review Date the Sub-Landlord may increase the Rent by a maximum of ________%, such increased Rent being effective and payable on that Rent Review Date and on subsequent days that payments of Rent fall due unless and until increased in accordance with this Agreement, providing that the Sub-Landlord serves a written rent review notice on the Sub-Tenant not less than 28 days but no more than 90 days before the relevant Rent Review Date specifying:

I. the percentage by which the rent will increase on the relevant review date; and

II. the new rent payable on the relevant review date and thereafter.

B. If the Sub-Landlord fails to comply with these requirements, or does not increase Rent on any Rent Review Date, the Rent will not change unless and until increased in accordance with this Agreement at a subsequent Rent Review Date.

8. DEPOSIT

A. The Sub-Tenant is required to pay a deposit of £________ (________), to the Sub-Landlord, on or before ________. The Sub-Tenant shall be provided with a receipt by the Sub-Landlord for the deposit paid. The deposit shall not be subject to any interest charges.

B. The Sub-Landlord shall lodge the deposit paid by the Sub-Tenant with a deposit scheme within thirty days of receipt of the deposit. The Sub-Tenant shall be provided with all relevant and necessary information concerning the tenancy deposit scheme used by the Sub-Landlord.

C. In the event that the Sub-Tenant fails to meet any cost or payment which is due to the Sub-Landlord under this Agreement, or so otherwise mutually agreed by the parties in writing, the Sub-Landlord shall apply for any reasonable costs to be deducted from the deposit which has been paid by the Sub-Tenant. This shall include but it is not limited to any situation where the Sub-Tenant fails to pay the rent, charges for services, unpaid bills related to the property or the cost of repairs and cleaning to the property sustained as a result of the actions of the Sub-Tenant or persons connected to them.

D. Where at the end of the Sub-Tenancy all or some of the deposit remains, the Sub-Landlord shall request the deposit to be released by the tenancy deposit scheme. Where the Sub-Tenant disputes the amount available the tenancy deposit scheme shall conduct dispute resolution.

E. In the event that the Sub-Tenant owes a sum more than the deposit at the end of the Agreement, the Sub-Tenant shall remain liable to the Sub-Landlord for the outstanding amount. The Sub-Landlord shall be entitled to carry out legal action against the Sub-Tenant to recover the outstanding debt.

9. LOCAL AUTHORITY TAXES AND UTILITY BILLS

A. Utilities

All payments of rent due under this Agreement shall be exclusive of any and all charges for the provision and supply of any gas, electricity and any other fuel or service supplied to the Property. The Sub-Tenant agrees and acknowledges that they shall be responsible for the costs of such aforementioned services supplied to the Property during the period of the Agreement.

B. Local Authority taxes and charges

I. Where the Sub-Tenant is liable to pay any rates and other associated charges to the local authority this shall be included in the amount of rent that is payable by the Sub-Tenant to the Sub-Landlord throughout the period of this Agreement.

II. Where the Sub-Tenant is exempt from paying any rates and other associated charges, the Sub-Tenant shall notify the local authority of this at the beginning of the period of this Agreement.

10. OTHER CHARGES

A. The following other charges shall be payable by the Sub-Tenant during the period of this Agreement:

________

B. The charges detailed above shall be included in the rent paid by Sub-Tenant throughout the period of the Agreement.

11. INSURANCE

A. The Sub-Landlord warrants that the Landlord shall at all times during the operation of this Agreement insure and keep insured the Property and all parts thereof against the normal insured risks with the insurers for the full reinstatement value thereof. The Landlord will, if reasonably required and requested, produce a certificate from the Insurers to Sub-Landlord who shall provide such certificate to the Sub-Tenant stating the parts of the Property so insured and the date to which the premiums have been paid.

B. The Sub-Tenant shall be responsible for the insurance of any or all of their belongings which are present in the Property subleased by the Sub-Tenant from the Sub-Landlord. The Landlord and the Sub-Landlord shall have no obligation to insure the contents on the Property where those contents are the possessions of the Sub-Tenant.

C. The Sub-Landlord shall keep in place any relevant insurance policies as is required of them under the terms of the Master Tenancy Agreement. Any such requirements placed upon the Sub-Landlord under the Master Tenancy Agreement shall also be applicable to the Sub-Tenant during the term of the Agreement.

D. The Landlord, the Sub-Landlord and the Sub-Tenant shall ensure that the relevant insurance policies taken out by them are compatible with the terms of this Agreement and the Master Tenancy Agreement.

12. ASSIGNATION

A. Where the Sub-Tenant has not been provided with written permission by the Sub-Landlord, they shall be forbidden from assigning their rights under this Agreement in the Property to another person; take in a lodger or any other persons unnamed in this Agreement; or assign any part of the Property or give up possession of the Property to any other person.

B. The Sub-Tenant acknowledges and understands that any permission which may or may not be granted by the Sub-Landlord is dependant upon the agreement and permission of the Landlord or any relevant terms of the Master Tenancy Agreement which may influence or affect such permission being granted.

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14. SUB-TENANT'S OBLIGATIONS

A. The Sub-Tenant accepts the Property as is in good tenantable order and condition.

B. The Sub-Tenant agrees and undertakes to pay the rent herein stipulated at the times and in the manner aforesaid and without any retention, deduction or set-off save as aforesaid.

C. The Sub-Tenant shall refrain from engaging in antisocial behaviour and conduct while they are resident in the Property and any part thereof. Where the Sub-Tenant has any persons resident with them or any visitors to the Property, the Sub-Tenant shall be responsible for ensuring that these persons do not engage in antisocial behaviour while on the Property and any part thereof. In particular the Sub-Tenant and any persons connected to them must not engage in any antisocial behaviour towards anyone present in the Property, a neighbour, the Sub-Landlord, the Landlord, agent, contractor and any other persons. Where the Sub-Tenant is found to have engaged in antisocial behaviour, this shall be a ground for termination of this Agreement.

D. The Sub-Tenant agrees to take reasonable care of the Property and any common parts thereof which the Property form part and in particular agrees to undertake the following obligations:

I. To keep the Property aired and heated.

II. To be liable for the cost of any repairs where the damage that has been sustained is attributable to the fault or negligence of the Sub-Tenant or any person or guest residing with them.

III. To not keep or bring any hazardous or combustible goods or materials into the Property or any parts thereof, notwithstanding the normal and safe use and storage of petroleum and gas for commonly used household goods and appliances.

IV. Not to put any oil, grease or other damaging or corrosive material down drains, waste pipes or into any washing or sanitary appliances.

V. To keep the Property and any parts thereof clean and in good working order and the fixtures and fittings and furniture there in good condition.

VI. To dispose of all rubbish in an appropriate manner and at an appropriate time and to ensure that any rubbish is not placed or stored in any common areas at any time.

VII. To prevent water pipes freezing in cold weather.

VIII. To avoid danger to the Property and any parts therein or any neighbouring property by way of fire or flooding.

IX. Not to tamper or interfere with any smoke detectors, carbon monoxide detectors, heat detectors or the fire alarm system.

X. Not to tamper or interfere with any locks or relevant door closing mechanisms included within the Property.

XI. To immediately notify the Sub-Landlord of any structural damage or defects in the Property or any other part thereof.

XII. Not to change or add any locks to the property without the prior written permission of the Sub-Landlord and where the replacement of any keys, locks or access devices are necessary due to the fault of the Sub-Tenant they shall be liable to cover the costs of such necessary replacements.

XIII. Not to mistreat any furniture or furnishings provided for the use of the Sub-Tenant, or provide any person residing with them to mistreat any furniture or furnishings and, in the event of the latter occurring, to take such steps as are available to remove that person from the Property.

XIV. Not to keep any pets within the Property or any part thereof at any time.

XV. Not to make any alterations to the Property, it fixtures or fittings, nor to carry out any external alterations at anytime whatsoever.

XVI. To keep any area of garden in good order and to not cause damage to any part or parts of it.

XVII. To keep the interior of the Property properly decorated and to ensure that the Property is properly decorated at the termination of this Agreement. The Sub-Tenant must have the Sub-Landlord's written approval of any colour scheme with which they wish to decorate the Property.

XVIII. Not to access the roof or attic area of the tenement without the Sub-Landlord's express written permission, except where it becomes necessary in the case of an emergency.

XIX. To ensure that at the termination of this Agreement the Property is cleaned to the highest standard and that any carpets, curtains and other similar fabrics are free from stains and soils which occurred during course of this Agreement.

15. SUB-LANDLORD OBLIGATIONS

A. The Sub-Landlord agrees with the Sub-Tenant:

I. to give the Sub-Tenant possession of the Property at the start of the Agreement;

II. to keep in tenantable repair and working order:

a. the structure and exterior of the Property (including drains, external pipes, gutters and windows);

b. the installations in the Property for the supply of water, gas and electricity, and for sanitation (including basins, sinks, baths and sanitary conveniences, but not other fixtures, fittings and appliances for making use of the supply of water, gas or electricity); and

c. the installations in the Property for space heating and water.

d. For the avoidance of doubt the Sub-Landlord is not required to repair anything which the Sub-Tenant is liable to repair by virtue of the Sub-Tenant's obligation to take reasonable care of the Property, to rebuild or reinstate the Property in the case of destruction or damage by fire, storm or flood, or to keep in repair or maintain anything which the Sub-Tenant is entitled to remove from the Property;

III. to keep in repair and proper working order any of the Contents except where the damage or need to repair arises as a result of the Sub-Tenant's failure to comply with the obligations of this Agreement;

B. Provided that the Sub-Tenant upholds and fulfils its obligations and all other stipulations as set out under this Agreement and pays the rents and other payments herein stipulated the Sub-Landlord shall allow the Sub-Tenant shall to peaceably hold and enjoy the Property during the period of this Agreement free from any lawful interruption by the Sub-Landlord or any person rightfully claiming through, under or in trust for the Sub-Landlord.

C. The Sub-Landlord shall ensure all the above is undertaken and upheld during the period of the Agreement provided where the permission of the Landlord is readily available to them and no terms or conditions of the Master Tenancy Agreement shall prevent them from carrying out or undertaking any obligations placed upon them in this Agreement.

D. The Sub-Landlord shall at all times keep the Landlord informed and communicate with the Landlord about any problems, repairs or any other issues which are necessary for the Property to be kept in a good and tenantable condition.

16. ACCESS TO THE PROPERTY

A. The Sub-Tenant agrees to allow the Sub-Landlord access to the Property from time to time as is necessary. The Sub-Tenant shall be given no less than forty-eight hours notice of the Sub-Landlord's intention to visit. The Sub-Tenant must allow access for repairs which the Sub-Landlord or Landlord is required to do under this Agreement, by the law, or by any other agreement between the parties. The Sub-Tenant must also allow any tradesperson, or contractors hired by the Sub-Landlord, access to the Property to carry out relevant repairs or any other work as is deemed necessary.

B. The Sub-Tenant must allow access to the Property by the Sub-Landlord for inspections to ensure the Property is being cared for properly under the terms of this Agreement. Inspections shall be carried out Monthly. The first inspection shall happen on ________. Thereafter inspections shall take place every month subsequently. The Sub-Tenant shall be given forty-eight hours notice before every inspection and shall agree with the Sub-Landlord a suitable time for the inspections to take place for both parties.

C. In the event of an emergency, the Sub-Landlord reserves the right to effect forcible entry to the Property where access is not made available by the Sub-Tenant or the Sub-Tenant is absent from the Property. Where emergency access is required to the Property the forty-eight hour notice period shall not be necessary.

D. The Sub-Tenant shall be required to give access to the Landlord where so reasonably required and all rights of access of the Landlord as set out in the Master Tenancy Agreement shall also apply in this Agreement.

17. CONTENTS AND CONDITION

A. The Sub-Tenant undertakes and agrees that the Inventory and Record of Condition, attached to this Agreement, that will be supplied to the Sub-Tenant no later than the start date of the Agreement on ________, is a complete and accurate reflection of the contents and condition of the contents contained within the Property at the start date of the Agreement.

B. Upon receipt of the Inventory and Record of Condition the Sub-Tenant shall sign the document confirming receipt of such Inventory and shall have ________ days from the start date of this Agreement to confirm that the Inventory is accurate and shall either:

I. notify the Sub-Landlord in writing of any discrepancies contained within the Inventory and Record of Condition so such discrepancies can be amended; or

II. accept the contents and findings of the Inventory and Record of Condition by taking no action and after the ________ day period has passed the Sub-Tenant will be deemed to be satisfied that the information contained within the Inventory and Record of Condition is accurate.

C. Where any of the contents of the Property are destroyed, damaged, removed or lost during the term of the Agreement the Sub-Tenant shall be liable for the cost of any replacement or repairs required where it is necessary due to the actions of the Sub-Tenant or any persons connected to the Sub-Tenant. Where replacement or repair is due to reasonable and expected wear and tear, the Sub-enant shall not be liable for any costs. Any items which must be replaced shall be replaced by items of an equivalent value and quality.

18. SMOKING

The Sub-Tenant shall be forbidden to smoke or to permit visitors, or other persons resident with the Sub-Tenant, to smoke tobacco or any other substance in the Property and any parts thereof.

19. GUARANTOR OBLIGATIONS

A. In consideration of the Sub-Landlord agreeing to this Agreement, the Guarantor covenants with the Sub-Landlord that the Sub-Tenant will pay the Rent and comply with all the Sub-Tenant's obligations in this Agreement. In any case of default by the Sub-Tenant the Guarantor will pay the rents and comply with those obligations, and will on demand make good to the Sub-Landlord on a full indemnity basis all liability incurred or suffered by the Sub-Landlord as a result of that default;

B. As between the Sub-Landlord and the Guarantor, the Guarantor is a principal debtor and not merely a surety;

C. The Guarantor's liability will not be reduced or discharged by any of the following:

I. any time, indulgence or concession granted by the Sub-Landlord to the Sub-Tenant or to any other person who is liable;

II. the existence of or dealing with, varying or failing to perfect or enforce any security which may be or become available to the Sub-Landlord;

III. any right to set off (whether legal or equitable), counterclaim or deduction which may have accrued to the Sub-Tenant or the Guarantor;

IV. any non-acceptance of the Rent or other sums due under this Agreement in circumstances where the Sub-Landlord has reason to suspect a breach of the Sub-Tenant's obligations under this Agreement;

V. any waiver by the Sub-Landlord of any right to forfeit this Agreement;

VI. the end of the fixed term of this Agreement.

20. TERMINATION

A. At the end of the Agreement the Sub-Tenant must:

I. leave the Contents and any substituted furniture and effects in the rooms in which they were at the start of the Agreement;

II. deliver up to the Sub-Landlord the Property and all Contents and any substituted furniture and effects cleaned and tidy and in as good a state of repair and condition, and decorative order, as they were at the start of this Agreement, or when provided by the Sub-Landlord, fair wear and tear excepted, in accordance with this Agreement;

III. remove all possessions belonging to the Sub-Tenant or any member of the Sub-Tenant's Household or visitor and all rubbish from the Property. If any such items are left in the Property at the end of the Agreement the Sub-Tenant will be liable for meeting all reasonable removal and storage charges. The Sub-Landlord will remove and store possessions for one month (other than any perishable items which will be disposed of immediately) and will take reasonable steps to notify the Sub-Tenant. If the items are not collected within one month the Sub-Tenant will be liable for the reasonable costs of disposal, and should any items be sold, the costs of storage and disposal may be deducted from the sale proceeds;

IV. give vacant possession and return all keys to the Sub-Landlord;

V. provide the Sub-Landlord with a forwarding address.

B. Where the Sub-Landlord wants the Sub-Tenant to leave the Property the Sub-Landlord must give the Sub-Tenant at least six months' notice in writing before the desired date upon which this Agreement should come to an end in accordance with section 21 of the Housing Act 1988 or seek possession on one or more of the grounds contained in Schedule 2 to the Housing Act 1988 if any of those grounds apply.

21. RECOVERY OF POSSESSION

A. If at any time whatsoever during the period of the Agreement:

I. the Rent or any part of it is in arrears for 14 days after it has become due (whether legally demanded or not); or

II. there is a breach of any of the obligations or agreements on the part of the Sub-Tenant; and

III. any grounds for possession in the Housing Act 1988, Schedule 2 apply;

the Sub-Landlord may re-enter upon the Property, or any part of the Property, in order to resume possession of the Property and its Contents and any substituted fixtures and furniture and the Agreement, with due regard to the Master Tenancy Agreement, shall determine, but without prejudice to the other rights and remedies of the Sub-Landlord but whilst the Sub-Tenant resides in the Property, the Sub-Landlord will only re-take possession having first obtained a court order for possession of the Property having first given notice to the Sub-Tenant of his intention to apply for a court order in accordance with the Housing Act 1988, and subsequently having successfully applied for such an order.

B. If the Agreement ceases to be an assured tenancy and:

I. the Rent or any part of it is in arrears for 14 days after it has become due (whether legally demanded or not); or

II. there is a breach of any of the obligations or agreements on the part of the Sub-Tenant; or

III. the Sub-Tenant is declared bankrupt

the Sub-Landlord reserves the right to terminate the Agreement and to re-take possession of the Property, its Contents and any substituted fixtures and fittings, and furniture.

22. SUB-TENANT'S BREAK CLAUSE

A. The Sub-Tenant may end this Agreement at any time during the period of the Agreement by giving the Sub-Landlord no less than ________ months notice in writing before the relevant date upon which they wish the Agreement to terminate.

23. SUB-LANDLORD'S BREAK CLAUSE

The Sub-Landlord may end this Agreement by giving the Sub-Tenant at least ________ calendar months' notice in writing, but the termination of the Agreement in accordance with this clause shall not entitle the Sub-Landlord to retake physical possession of the Property unless the Sub-Landlord has obtained a court order.

24. NOTICES

A. Any notice served by the Sub-Landlord on the Sub-Tenant must be served in writing and will be deemed sufficiently served if sent by registered post to or left at the Property. Notices shall be taken to have been received the day after being left at the Property or the day after posting;

B. Any notice served by the Sub-Tenant on the Sub-Landlord must be served in writing and will be deemed sufficiently served if sent by registered post to or left at the Sub-Landlord's Address. Notices shall be taken to have been received the day after being left at the Property or the day after posting.

25. MASTER TENANCY AGREEMENT

This Agreement is subject and subordinate to the Master Tenancy Agreement, dated ________, which exists between the Sub-Landlord and the Landlord. A copy of the Master Tenancy Agreement will be provided to the Sub-Tenant alongside this Agreement.

26. WARANTIES

A. The Sub-Landlord warrants and confirms that they have lawfully gained possession of the Property from the Landlord as a tenant and that the Landlord has granted their permission for the Property to be sub-let by the Sub-Landlord under this Agreement.

B. The Sub-Tenant warrants and confirms: to have made a full and true disclosure of all the information sought by the Sub-Landlord in connection with the granting of this Agreement; not to have knowingly or carelessly made any misleading or false statements, whether written or oral, which might affect the Sub-Landlord's decision to enter into this Agreement with the Sub-Tenant; to have read and understood the terms of this Agreement.

27. PROVISOS

A. The Sub-Tenant shall ensure the Sub-Landlord is indemnified in relation to all and any actions, proceedings, charges, costs, claims and demands against, suffered or incurred by the Sub- Landlord as a result of:

I. any unlawful or prohibited use of the Property or any defect in the Property or the carrying out of any additions or alterations to the Property;

II. interference or alleged interference of any sort or any obstruction of a right or alleged right of light, drainage, air and any other such right which now exists for the benefit and enjoyment of any neighbouring, adjoining or adjacent property; and

III. any breach or failure to observe any obligations, conditions and other provisions contained within this Agreement by the Sub-Tenant.

B. Any demand for rent or any acceptance of rent, or any other sum due and payable by the Sub-Tenant under this Agreement, by the Sub-Landlord or its agent with knowledge of any breach of the obligations on the part of the Sub-Tenant under this Agreement shall not be or be considered to be a waiver wholly or partially of any such breach. Any breach of obligations by the Sub-Tenant shall be considered to be a continuing breach and the Sub-Tenant and any person in possession of or holding any interest under or through the Sub-Tenant shall not be entitled to set up any such demand for or acceptance of rent by the Sub-Landlord or its agent as a defence in any action for termination of this Agreement or otherwise.

C. Unless as a result of the Sub-Landlord's negligence, the Sub-Landlord shall not be or become liable to the Sub-Tenant or any and all persons connected to them at any time whatsoever in relation to any personal injury, death, loss, damage or expense sustained by the Sub-Tenant or any and all persons connected to them while present in the Property or any parts thereof or for any personal injury, death, loss, expense or damage incurred by the Sub-Tenant or any and all persons connected to them through any act or omission of the proprietors, tenants or occupiers of the remainder of the property or any other adjoining or neighbouring properties.

28. SEVERABILITY

Where any accepted and recognised body of authority finds any clause, provision, undertaking, condition, obligation, term or any other stipulation within this Agreement to be unlawful or unenforceable to any such extent, such clause, provision, undertaking, condition, obligation, term or any other stipulation within this Agreement shall be severed from the remainder of the Agreement and all other remaining clauses, provisions, undertakings, conditions, obligations, terms and all and any other stipulations shall remain in effect and valid to their fullest extent as permitted by the law.

29. GOVERNING LAW

This lease shall be interpreted and construed in accordance with the Law of England and Wales and any dispute, difference or question of any kind which shall or may arise between the parties of this Agreement shall be determined exclusively in accordance with the Law of England and Wales and the jurisdiction of the Courts of England and Wales.


IN WITNESS WHEREOF the parties consent to registration hereof for preservation and execution:



_______________________________
Signature of ________

Date:

_______________________________
Signature of Witness

_______________________________
Name of Witness (BLOCK CAPITALS)

Address of Witness:





Date:



_______________________________
Signature of ________

Date:

_______________________________
Signature of Witness

_______________________________
Name of Witness (BLOCK CAPITALS)

Address of Witness:





Date:

_______________________________
Signature of ________ for and on
behalf of ________

Date:


_______________________________
Signature of Witness

_______________________________
Name of Witness (BLOCK CAPITALS)

Address of Witness:





Date:

RESIDENTIAL SUBLEASE AGREEMENT


Inventory and Record of Condition

The following information details the furniture and fittings and their condition in the Property at the start date of the Agreement. This inventory pertains to the Premises at:

________