Free Residential Sublet Agreement

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Residential Sublet Agreement



Your Residential Sublet Agreement

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THIS SUBLET AGREEMENT dated this ________ day of ________________, ________



(the "Sublandlord")


- AND-


(the "Subtenant")


  1. Background
  2. This is an agreement (the "Sublet Agreement") to sublet real property according to the terms specified below.
  3. The provisions of this Sublet Agreement are subject to the terms and restrictions of the master tenancy agreement (the "Master Tenancy Agreement") dated November 28, 2023 between ________________________ (the "Landlord") and the Sublandlord, with respect to the following house and any improvements on those lands (the "Premises") municipally described as: __________________________________________________________________________

IN CONSIDERATION OF the Sublandlord subletting and the Subtenant renting the Sublet Premises, both parties agree to keep, perform and fulfill the promises, conditions and agreements below:

  1. Sublet Premises
  2. The Sublandlord agrees to sublet to the Subtenant all of the Premises (the "Sublet Premises"), for use as a residential Sublet Premises only. Neither the Sublet Premises nor any part of the Sublet Premises will be used at any time during the Term of this Sublet Agreement by the Subtenant for the purpose of carrying on any business, profession, or trade of any kind, or for the purpose other than as a private single-family residence.
  3. Subject to any restrictions or conditions in the Master Tenancy Agreement, the Subtenant may keep pets in the Subleased Premises.

    If this privilege is abused, or if the pets damage the Subleased Premises, or if the pets cause problems or interfere with the use and enjoyment of the Subleased Premises for the other tenants, the Sublandlord may revoke this privilege upon thirty (30) days' notice.

  4. The Subtenant and members of the Subtenant's household will not smoke anywhere in the Subleased Premises nor permit any guests or visitors to smoke in the Subleased Premises.
  5. The Subtenant and members of the Subtenant's household will not vape anywhere in the Subleased Premises nor permit any guests or visitors to vape in the Subleased Premises.
  6. Term
  7. The term (the "Term") of this Sublet Agreement commences at 12:00 noon on November 29, 2023 and ends at 12:00 noon on November 30, 2023.
  8. Rent
  9. The amount of rent and the frequency of payment are the same as under the Master Tenancy Agreement.
  10. The Subtenant will deliver or send the rent to Sublandlord No.1 at __________, or at such place as the Sublandlord No.1 may later designate.
  11. Utilities
  12. All payments for utilities and other charges connected with the Sublet Premises, which are to be paid by the Sublandlord under the Master Tenancy Agreement, will be paid by the Subtenant for the remainder of the Term.
  13. Maintenance
  14. The Subtenant agrees to surrender and deliver to the Sublandlord the Sublet Premises and all furniture and decorations within the Sublet Premises in as good a condition as they were at the beginning of the Term, reasonable wear and tear excepted.
  15. The Subtenant will be liable to the Sublandlord and the Landlord for any damages occurring to the Sublet Premises or the contents of the Sublet Premises or to the building which are done by the Subtenant or the Subtenant's guests.
  16. Alterations and Improvements
  17. The Subtenant will have the same rights to make such alterations and improvements to the Sublet Premises as the Sublandlord is allowed provided the Subtenant gets the prior written consent of both the Landlord and the Sublandlord.
  18. Taxes
  19. The Subtenant will pay any privilege, excise and other taxes duly assessed against the business of the Subtenant, the Sublet Premises and any personal property on or about the Sublet Premises. The Subtenant will avoid the assessment of any late fees or penalties.
  20. Event of Default
  21. The Subtenant will default under this Sublet Agreement if any one or more of the following events (the "Event of Default") occurs:
    1. The Subtenant fails to pay the Rent to the Landlord or any amount of it when due or within any grace period, if any.
    2. The Subtenant fails to perform any of its obligations under this Sublet Agreement or any applicable obligation under the Master Tenancy Agreement.
    3. The Subtenant becomes insolvent, commits an act of bankruptcy, becomes bankrupt, takes the benefit of any legislation that may be in force for bankrupt or insolvent debtors, becomes involved in a voluntary or involuntary winding up, dissolution or liquidation proceeding, or if a receiver will be appointed for the affairs of the Subtenant.
    4. The Subtenant abandons the Sublet Premises or any part of the Sublet Premises.
    5. The Subtenant uses the Sublet Premises for any unpermitted or illegal purposes.
    6. The Subtenant fails to commence, diligently pursue, and complete the Subtenant's work to be performed pursuant to this Sublet Agreement pertaining to the Sublet Premises.
    7. The Sublet Premises, or any part of the Sublet Premises, is completely or partially damaged by fire or other casualty that is due to the Subtenant's negligence, wilful act, or that of the Subtenant's employee, family, agent, or guest.
    8. Any other event of default provided in the Act.
  22. Remedies
  23. Upon the occurrence of any Event of Default, the Sublandlord has any or all of the following remedies:
    1. Terminate the Sublet Agreement upon any notice required in the Act and the term will then immediately become forfeited and void.
    2. The Sublandlord may, but is not obligated to, perform any obligation of this Sublet Agreement or the Master Tenancy Agreement, which the Subtenant has failed to perform, on behalf of the Subtenant and seek redress from the Subtenant.
    3. The Sublandlord may reenter the Sublet Premises or any part of the Sublet Premises, and in the name of the whole repossess and enjoy the same as of its former state anything contained within the Sublet Premises.
    4. Any other remedy provided in the Act.
  24. No reference to or exercise of any specific right or remedy by the Sublandlord will prejudice or preclude the Sublandlord from any other remedy whether allowed at law or in equity or expressly provided for in this Sublet Agreement or the Master Tenancy Agreement. No such remedy will be exclusive or dependent upon any other such remedy, but the Sublandlord may from time to time exercise any one or more of such remedies independently or in combination.
  25. Upon the expiration, termination or cancellation of the Master Tenancy Agreement or this Sublet Agreement, all obligations of the parties under this Sublet Agreement will be extinguished.
  26. Any improvements remaining on the Sublet Premises upon termination will revert to the Sublandlord and will be free of any encumbrance at the time of such reversion.
  27. Governing Law
  28. It is the intention of the parties to this Sublet Agreement that the tenancy created by this Sublet Agreement and the performance under this Sublet Agreement, and all suits and special proceedings under this Sublet Agreement, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of England, without regard to the jurisdiction in which any action or special proceeding may be instituted.
  29. Severability
  30. If there is a conflict between any provision of this Sublease and England (the "Act"), the Act will prevail and such provisions of the Sublet Agreement will be amended or deleted as necessary in order to comply with the Act. Further, any provisions that are required by the Act are incorporated into this Sublet Agreement.
  31. If there is a conflict between any provision of this Sublet Agreement and any form of Sublet Agreement prescribed by the Act, that prescribed form will prevail and such provisions of the Sublet Agreement will be amended or deleted as necessary in order to comply with that prescribed form. Further any provisions that are required by the prescribed form are incorporated into this Sublet Agreement.
  32. In the event that any of the provisions of this Sublet Agreement will be held to be invalid or unenforceable in whole or in part, those provisions to the extent enforceable and all other provisions will nevertheless continue to be valid and enforceable as though the invalid or unenforceable parts had not been included in this Sublet Agreement and the remaining provisions had been executed by both parties subsequent to the expungement of the invalid provision.
  33. Any alterations and improvements must comply with all applicable construction laws and regulations regarding property improvements.
  34. The Subtenant will ensure that the Sublet Premises remain free and clear of any and all liens arising out of the work performed or materials used in making such improvements to the Sublet Premises.
  35. Subletting
  36. The Subtenant will not assign, transfer or further sublet the Sublet Premises or any part of the Sublet Premises without the prior written consent of the Sublandlord and the Landlord.
  37. Notices
  38. Unless otherwise specifically provided in this Sublet Agreement, all notices from the Subtenant to the Sublandlord will be served or sent to the Sublandlord at the following address(es):
    • Sublandlord: ________________________
      Address: ______________________________________________________________
  39. Unless otherwise specifically provided in this Sublet Agreement, all notices from the Sublandlord to the Subtenant will be served or sent to the Subtenant at the following address(es):
    • Subtenant: ________________________
      Address: ______________________________________________________________
  40. All notices to be given under this Sublet Agreement will be in writing and will be served personally or sent by certified or registered mail using post.
  41. Master Tenancy Agreement
  42. This Sublet Agreement incorporates and is subject to the Master Tenancy Agreement, a copy of which is attached to this Sublet Agreement, and which is incorporated as if it were set out in this Sublet Agreement.
  43. General Provisions
  44. In the event of any legal action concerning this Sublet Agreement, the losing party will pay to the prevailing party reasonable attorney's fees and court costs to be fixed by the court and such judgment will be entered.
  45. Subject to the other provisions of this Sublet Agreement, this Sublet Agreement constitutes the sole agreement between the parties, and no additions, deletions or modifications may be accomplished without the written consent of both parties. Any oral representations made at the time of executing this Sublet Agreement are not legally valid and, therefore, are not binding upon either party.
  46. The words "Sublandlord" and "Subtenant" as used in this Sublet Agreement include the plural as well as the singular; no regard for gender is intended by the language in this Sublet Agreement.
  47. The Sublandlord may enter the Sublet Premises upon 24 hours' notice for any of the following reasons:
    1. to inspect the Sublet Premises;
    2. to maintain the Sublet Premises; or
    3. to make repairs that the Sublandlord is obligated to perform.
  48. The Sublandlord and the Subtenant have no interest or other ownership in each other. The parties are not agents for each other. Under no circumstances will this Sublet Agreement be construed as creating a partnership or joint venture between the parties to this Sublet Agreement.
  49. If the Subtenant is under the age of 18, the Subtenant's legal guardian or parent guarantees and agrees to perform all of the terms, covenants and conditions of this Sublet Agreement by affixing their signature below.
  50. Each signatory to this Sublet Agreement acknowledges receipt of an executed copy of this Sublet Agreement.
  51. This Sublet Agreement is not binding upon either party unless consented to by the Landlord as provided below.

IN WITNESS WHEREOF the Sublandlord and the Subtenant have duly affixed their signatures under hand and seal on this ________ day of ________________, ________.





Consent of Landlord to Sublet Agreement

The undersigned, the landlord in the Master Tenancy Agreement of November 28, 2023, hereby consents in writing to the foregoing Sublet Agreement. The Landlord will provide both the Sublandlord and the Subtenant with notice of any breach by the Subtenant under the Master Tenancy Agreement.

Dated: _____ day of__________________, 20____



Residential Sublet Agreement Information

Alternate Names:

A Residential Sublet Agreement is also known as a:

  • Subtenant Agreement
  • Sublet Room Agreement
  • Sublease Agreement

What is a Residential Sublet Agreement?

When a tenant rents out a portion (or all) of a rental property to someone new, they use a Residential Sublet Agreement to document the terms and conditions of a new tenancy agreement. With this document, a tenant creates a legally binding contract with a subtenant while maintaining the integrity of their original agreement.

In the end, the original tenant is a party to two separate tenancy agreements for the same property:

  • The original tenancy agreement, with tenant rights and responsibilities
  • The sublet agreement, with sublandlord rights and responsibilities

The original tenant becomes a sublandlord and is responsible for holding the subtenant to the terms of their sublet agreement (e.g., by collecting rent payments). At the same time, the sublandlord must also fulfill their obligations as a tenant in their original tenancy agreement (e.g., by making sure rent payments go to the landlord).

Who should use a Residential Sublet Agreement?

If you're a tenant who needs help maintaining a residential rental property, a Sublet Agreement may be the perfect option for you.

For instance, many tenants sublet their space when they're locked into a tenancy agreement but need to travel for an extended time (e.g., re-locating temporarily for work or school, taking care of a sick relative in another city, going on a vacation, etc.). Alternatively, some tenants choose to sublet one or two rooms in their unit to earn extra income.

In any case, subletting is a way for tenants to share their rights and responsibilities with a subtenant and for landlords to continue operating their rental property without having to look for a new tenant.

How do I write a Residential Sublet Agreement?

Before drafting a Residential Sublet Agreement, it's important to ask for your landlord's written permission and to confirm whether there are any laws governing sublets in your jurisdiction. Once you receive the green light, you can use LawDepot's Residential Sublet Agreement to create a comprehensive contract that covers all the bases.

With our sublet agreement form, you can quickly and efficiently craft an agreement that includes information such as:

  • The type of property available for rent (e.g., a house, room, parking space, etc.)
  • The names and contact information of the sublandlord, subtenant, and original landlord
  • Important details about the master Tenancy Agreement (with the option to attach a copy)
  • The length of the sublet agreement, along with an option for automatic renewal
  • Payment details such as rent, utilities, and damage deposits
  • Additional requirements such as insurance and inspection forms

With a written sublet agreement, you'll demonstrate the level of professionalism and foresight needed to be a responsible sublandlord.

Is subletting illegal?

In general, secured and assured tenancies allow subletting as long as the tenancy agreement allows for it and the landlord consents. That being said, some restrictions may apply depending on:

  • The location of the rental property
  • If the tenancy was already passed down to a successor
  • If the property is public housing (i.e., social or council homes)

To be sure you're subletting your property lawfully, you should consult with both your local tenancy organisation and landlord.

What's the difference between assigning a tenancy and subletting?

Although assignments and sublets both involve finding a new tenant for a rental unit, there are some key differences.

In an Assignment of Tenancy Agreement, a tenant transfers their rights and obligations in a tenancy agreement to a new tenant. The new tenant takes the old tenant's place in the landlord-tenant relationship, and the landlord may choose whether or not to release the former tenant from all liabilities.

In a sublet agreement, a tenant transfers a portion of their rights and obligations in a tenancy agreement to a subtenant. The original tenant is still responsible for upholding the terms of their original tenancy agreement, and the landlord may or may not deal directly with the subtenant.

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