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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