Last revision: 30/03/2023
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This is a Residential Sublease agreement which may be used to create residential tenancies on a periodic or fixed term basis. The sublease will take the form on an assured shorthold tenancy. Assured shorthold tenancies are often favoured by as they allow landlords or sub-landlords to evict tenants without a reason provided they give the correct notice.
The document can be adapted to take account of numerous issues including guarantors, company guarantors, break clauses, deed requirements and property inspections.
Once completed the document will provide both Sub-Tenants and Sub-Landlords with an agreement that clearly sets out the responsibilities and obligations of both parties to the lease. The document clearly states how the sublease operates in relation to the tenancy agreement that already exists between the Sub-Landlord and the original landlord of the property that will be subleased.
Please note that in order to use this document it is necessary that the party who will be the Sub-Landlord has received the permission of their Landlord to sublease the property. The ability to sublet will normally be set out in the tenancy agreement between the parties. Please also note that the Sub-Landlord should not be resident in the property with the Sub-Tenant to use this document. Where the Sub-Landlord does intend be resident in the property and rent out a room, they should use the document titled 'Lodger Agreement'.
This document can only be used for properties which will be sublet in England and Wales. For the equivalent document for properties in Scotland, please use document titled 'Sub-Lease Agreement (Scotland)'.
How this document is to be used
This document should be provided to the landlord, guarantor and every Sub-Tenant and Sub-Landlord. Then, once every party has had an opportunity to consider its contents carefully, and to have raised any queries, each should confirm that they understand the document and are willing to agree to it, by signing and dating the document.
Every signature should also be witnessed by an independent person who is not a party to the agreement.
Each party should then be provided with a signed copy of the agreement.
Please note that if the document is to include an inventory and record of condition then will be attached to the completed document and should be completed prior to signing. Please note that where the sublease is for a fixed period of time, it will immediately become a statutory periodic tenancy if the correct notice to end the agreement is not provided by either the Sub-Tenant or the Sub-Landlord.
Assured Shorthold Tenancies are created and regulated by the Housing Act 1988 as amended. In particular, careful attention should be paid to those provisions regarding security of tenure and the lawful grounds for possession.
Part II of the Law of Property Act 1925 also sets out the requirements regarding agreements to be executed by deed.
It should also be noted that s.11 of the Landlord and Tenant Act 1985 also implies certain terms regarding standard of repair into this lease agreement.
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Other names for the document: Residential Sub-Lease (England and Wales), Sublease agreement, Sublet agreement, England and Wales sublease contract, Contract of sublease
Country: United Kingdom