Sublease of Whole of Tenant’s Property
This Sublease of Whole of Tenant’s Property should be used where a tenant is subletting the whole of a property that is let to him under a tenancy agreement.
The tenant must check his tenancy agreement carefully before entering into this Sublease. Many tenancy agreements prohibit tenants from subletting or require the tenant to obtain the landlord’s written consent before doing so.
This Sublease will be an assured shorthold tenancy (AST) unless an exclusion applies. The main exclusions are lettings to companies or other non-natural persons (the tenant under an AST must be one or more individuals), high value properties (where the annual rent exceeds £100,000), lettings where the tenant does not occupy the property as his only or principal home (e.g. a second home) and resident landlords. Lettings such as these are contractual tenancies.
A subtenant under an AST has virtually no security of tenure once the fixed term of the sublease has expired. As long as the proper procedures are followed, the tenant can easily regain possession of the property.
This Sublease does not provide for the subtenant to pay a deposit. Note that, if the subtenant does take a deposit, the deposit will need to be protected in a Tenancy Deposit Scheme.
The Sublease sets out the main details at the beginning, being the parties’ names, the address of the property, the term and the monthly rent. The Sublease is made “by reference” to the tenant’s tenancy agreement. The terms of the tenancy agreement apply to the subletting, subject to any variations set out in this Sublease.
Optional phrases / clauses are enclosed in square brackets. These should be read carefully and selected so as to be compatible with one another. Unused options should be removed from the document.
This Sublease of Whole of Tenant’s Property is in open format. Either enter the requisite details in the highlighted fields or adjust the wording to suit your purposes.
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