Last Updated January 3, 2024
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What is a Residential Sublet Agreement?
A Residential Sublet Agreement is a contract a tenant uses to allow someone else to occupy their rental space for a portion or the remainder of the original lease.
You can sublet a portion of a rental property or the entire space.
A Residential Sublet Agreement is also known as a:
- Sublease agreement
- Sublease contract
- Subtenant agreement
- Sublet room agreement
- Sublet tenancy agreement
- Subletting tenancy agreement
- Sub-occupation contract
Who are the parties to a Residential Sublet Agreement?
A Residential Sublet Agreement is between a sublandlord and subtenant:
- The sublandlord, or immediate landlord, is the original tenant of the property and has a tenancy agreement with the landlord
- The subtenant is the new tenant renting from the sublandlord
It’s important to note that although the landlord owns the residential property and rents it to the original tenant, the Sublet Agreement is only a contract between the sublandlord and the subtenant.
Is subletting legal in the United Kingdom?
Yes, subletting is legal in the United Kingdom as long as your original Residential Tenancy Agreement permits it.
England, Wales, Scotland, and Northern Ireland all have regulations on tenants being able to sublet. It is best to look at these regulations and your original tenancy agreement for further details about subletting.
Though verbal agreements are legally binding, they are hard to prove. Having an agreement in writing is best for both the sublandlord and subtenant to provide a legally binding contract to protect both parties and hold everyone accountable for their responsibilities.
Do I need my landlord’s consent to sublet?
Yes, generally, you must have consent from your landlord. If you don’t, your landlord may have grounds for eviction based on a breach of your tenancy agreement.
Landlords can’t refuse a Sublet Agreement without reasonable cause. However, a landlord has an interest in who is a subtenant and can refuse to provide consent in some circumstances. An example is if a potential subtenant can’t pass a credit check during an application screening.
Check your country’s tenancy acts for further guidelines your landlord must follow in consenting to sublet.
How does a Sublet Agreement work?
As a sublandlord, you take on the responsibilities of a landlord but are still liable for your original tenancy agreement. This is because your subtenant has no contractual relationship with your landlord. Your responsibilities may include:
- Reporting maintenance problems
- Paying rent to the landlord
Like a regular tenant, a subtenant has rights and responsibilities under the sublease agreement or granted by law. However, if a subtenant breaches any agreements, you may be responsible for the violation as the sublandlord. Please note a subtenant should not be confused with a lodger.
A sublet can only occur during the original tenant's tenancy period. If the subtenant is to stay in the property after the original lease is over, they must negotiate with the landlord for a new tenancy lease agreement.
How to write a Residential Sublet Agreement
Writing a Sublet Agreement is easy with LawDepot’s questionnaire. Once you select the location where the sublet will be used, include the following information:
- Property type, such as a house, flat, condo, room, or any other space
- Sublandlord and subtenant details, including names and contact information
- Landlord’s details and consent to prove you have permission to sublet
- Sublease area, meaning if it’s the whole property or a portion of the unit
- Sublease terms, including the type of agreement (e.g., fixed end date, month-to-month, etc.) and the start and end dates
- Rent details like the amount, due date, and collection type (you can also add utilities, damage deposit, and insurance requirements)
- Use of the property, including whether pets, smoking, vaping, and property alterations (e.g., painting) are allowed
- Required notice for check-in inspections, if applicable
- Signing date
When you sublet, you must provide the original lease agreement, as it contains all the obligations the subtenant must follow in addition to your sublet contract.
Sublet Agreement versus Assignment
A Sublet Agreement allows you to keep your lease agreement while someone else rents a portion of the space, or the whole property, from you. This can help if you need financial assistance or have temporarily or permanently relocated.
A Lease Assignment Agreement means you are signing over the original lease agreement to a new tenant, completely giving up the rental property. The new tenant takes on all the rights and responsibilities of the original agreement, and you lose your rights and obligations. A tenant may want to consider a lease assignment if they need to relocate permanently.
