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Subletting Tenancy Agreement Template for England and Wales

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Key Requirements PROMPT example:

Subletting Tenancy Agreement

"I need a Subletting Tenancy Agreement for a furnished two-bedroom flat in London, where I will be subletting to two professional tenants from March 2025 for 12 months, with a break clause after 6 months and the superior landlord has already given consent."

Document background
The Subletting Tenancy Agreement is essential when an existing tenant wishes to let their rented property to another person while maintaining their original tenancy. This document type is commonly used in situations where the original tenant needs to temporarily relocate but wants to maintain their tenancy, or when they wish to share the financial burden of rent. The agreement must carefully balance the requirements of the head lease, relevant housing legislation, and the needs of all parties involved. It's crucial that the document clearly outlines permitted use, rent payments, deposit protection, and maintenance responsibilities while ensuring compliance with English and Welsh property law.
Suggested Sections

1. Parties: Identification of head tenant (as sublandlord) and subtenant, including full names, addresses, and contact details

2. Background: Details of head lease, confirmation of authority to sublet, and context of the agreement

3. Definitions: Defined terms used throughout the agreement including Property, Term, Rent, Head Lease, etc.

4. Demise: Description of the property being sublet, including any specific inclusions or exclusions

5. Term: Duration of sublease, start and end dates, and any holding over provisions

6. Rent and Payment Terms: Rent amount, payment schedule, method of payment, and review provisions

7. Tenant Obligations: Comprehensive list of subtenant responsibilities including maintenance, repairs, and compliance with head lease terms

8. Landlord Obligations: Sublandlord's responsibilities including maintaining head lease and passing on notices

Optional Sections

1. Break Clause: Optional early termination provisions for either party, typically included for longer term subleases

2. Guarantor Provisions: Required when subtenant needs additional financial security, includes guarantor obligations and liability

3. Subletting and Assignment: Include if further subletting or assignment might be permitted, subject to head lease terms

4. Utilities and Council Tax: Optional detailed section on responsibility for utilities and council tax if not covered in main obligations

5. Insurance: Detailed insurance provisions if separate from main obligations section

Suggested Schedules

1. Schedule 1: Inventory and Schedule of Condition: Detailed list of furniture, fixtures, and fittings with their condition at the start of the tenancy

2. Schedule 2: Head Lease Terms: Relevant provisions from the head lease that affect the sublease

3. Schedule 3: Property Certificates: Copies of mandatory certificates including EPC, gas safety, electrical safety

4. Appendix A: Superior Landlord's Consent: Written consent from head landlord permitting the sublease

5. Appendix B: Plans: Property plans showing the extent of the sublet premises if part of larger property

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions






























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Relevant Industries
Relevant Teams
Relevant Roles
Industries

Housing Act 1988: Primary legislation governing Assured and Assured Shorthold Tenancies, setting out the fundamental framework for residential tenancies in England and Wales

Landlord and Tenant Act 1985: Defines basic landlord obligations and property standards, including repairs and maintenance responsibilities

Housing Act 2004: Covers property conditions, safety standards, and introduces the Housing Health and Safety Rating System (HHSRS)

Consumer Rights Act 2015: Ensures fairness of contractual terms in tenancy agreements and transparency in landlord-tenant relationships

Deregulation Act 2015: Regulates deposit protection requirements and procedures for serving section 21 notices for tenant eviction

Tenant Fees Act 2019: Restricts what fees landlords and letting agents can charge tenants, banning most fees except rent, deposits, and specified permitted payments

Homes (Fitness for Human Habitation) Act 2018: Requires landlords to ensure their properties are fit for human habitation at the beginning and throughout the tenancy

Energy Performance of Buildings Regulations 2012: Requires Energy Performance Certificates (EPCs) for rented properties and sets minimum energy efficiency standards

Gas Safety Regulations 1998: Mandates annual gas safety checks and certificates for rental properties with gas installations

Electrical Safety Standards Regulations 2020: Requires electrical installation safety checks every 5 years and certification for private rented properties

Smoke and Carbon Monoxide Alarm Regulations 2015: Mandates smoke alarms on every floor and carbon monoxide detectors in rooms with solid fuel appliances

Energy Efficiency Regulations 2015: Sets minimum energy efficiency standards for private rented properties (minimum EPC rating E)

Head Lease Compliance: Requirement to ensure sublease terms comply with and do not breach the superior lease conditions

Superior Landlord Consent: Obligation to obtain necessary consent from the superior landlord before subletting, if required by head lease

Deposit Protection Requirements: Obligation to protect tenant deposits in a government-approved scheme within 30 days of receipt

Right to Rent Checks: Legal requirement to verify that all tenants have the right to rent property in the UK

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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