Sub-Lease Agreement (Scotland)

This is a Sub-Lease Agreement which can be used to create an open ended residential sub-lease where the sub-tenant and the landlord are private individuals. To use this document, the party that will be the landlord must already be a tenant of the property that will be sub-let. Crucially, this sub-lease takes the form of a private residential tenancy. This document provides the following:

• the property is sub-let to a sub-tenant as a separate dwelling (a property may still be considered a separate dwelling where core facilities are shared between sub-tenants, for example where a sub-tenant rents a bedroom in a property but has the right to use a shared bathroom and kitchen);
• the sub-tenant lives in the property as their only or principal home;
• the rent costs more than £6 per week;
• it is not a shop, licensed premises, agricultural land or any other excluded tenancy under Schedule 1.

A Private Residential Tenancy is the only type of agreement which can be used to create a sub-lease agreement in Scotland after 1st December 2017. This agreement is open ended and will therefore not have an end date. This agreement cannot be used to create a lease for a property in England and Wales or Northern Ireland.

By law in Scotland, a landlord needs to provide their sub-tenant with all the terms of the sub-lease agreement in writing. This document can be used by landlords to fulfil this legal requirement.

This document can be adapted in order to reflect the specific needs of individual agreements between landlords and sub-tenants and takes into account joint landlords, joint sub-tenants, guarantors, letting agents, rent, rent pressure zones and termination of the sub-lease.

Once completed, this document shall provide both the landlord and the sub-tenant with a comprehensive agreement which clearly sets out the obligations and duties of each party towards the other during the sub-lease. This agreement features all necessary information and clauses which must be included in a sub-lease agreement under statute.

How to use this document

This document should be provided to the landlord, every sub-tenant and, where relevant, every guarantor also. Each party involved should be given adequate time to read and understand the agreement. Where any party has any questions or queries regarding the agreement, these should be raised with the landlord before signing the agreement. Where the parties agree to all the terms of the agreement, the landlord should provide two signed copies of the agreement to any and all sub-tenants and any guarantors. The sub-tenant should then sign both copies and send one copy back to the landlord and keep the other copy for their own records. The guarantor should do this also.

Before creating this document, a landlord should be registered on the Scottish Landlord Register with the local council relevant to the location of the property that will be sub-let. Failure to register may result a landlord not being able to charge the sub-tenant rent or a £50,000 fine.

The landlord, by law, needs to provide every sub-tenant with a copy of the Private Residential Tenancy Statutory Terms Supporting Notes alongside this agreement. These documents need to be provided to a new sub-tenant before the end of the day on which the sub-lease will start. Where this agreement is being used to replace a previous agreement between an existing sub-tenant and landlord, the landlord has 28 days to provide a copy of the supporting notes to the sub-tenant.

This document can be signed physically by either party or it can be signed electronically simply by either party typing their name into the relevant section of the agreement and sending it by email.

Please note that if the document is to include an inventory documenting the furniture in the property at the outset of the agreement, this should be completed and provided to the sub-tenant no later than the date that the sub-lease agreement shall start.

In order to comply with General Data Protection Regulations (GDPR) obligations, a landlord should issue a sub-tenant with a privacy notice that informs sub-tenants of their rights.

Applicable Law

Private Housing (Tenancies) (Scotland) Act 2016

The Private Residential Tenancies (Statutory Terms) (Scotland) Regulations 2017

The Private Residential Tenancies (Prescribed Notices and Forms) (Scotland) Regulations 2017

General Data Protection Regulations 2016

Data Protection Act 2018

Antisocial Behaviour etc. (Scotland) Act 2004

Housing (Scotland) Act 2006

Help from a lawyer

You can choose to consult a lawyer if you need help.

The lawyer can answer your questions or help you through the process. You will be offered this option when you complete the document.

How to modify the template

You fill out a form. The document is created before your eyes as you respond to the questions.

At the end, you receive it in Word and PDF formats. You can modify it and reuse it.