ASSURED SHORTHOLD TENANCY
SUBLEASE AGREEMENT
for the Private Rental Sector in England
This AGREEMENT is created on the last date of signature of the Parties
1. PARTIES
1.1. The Sublandlord:
________ of:
________
("the Sublandlord")
1.2. The Subtenant:
________ of:
________
("the Subtenant")
The parties have AGREED AND DO HEREBY AGREE as follows:
2. DEFINITIONS AND INTERPRETATIONS
2.1. Definitions
2.1.1. "Agreement" means these presents and all documents supplementary hereto or contained herein;
2.1.2. "Assignation" means where the Subtenant transfers his or her property rights under this Agreement to another person, subject to having obtained the prior written permission of the Sublandlord;
2.1.3. "Deposit" means the amount of money that must be paid by the Subtenant on or before the Start Date of the Sublease to the Sublandlord in order to become resident in the Property;
2.1.4. "Common Parts" means any part of a building containing the Property and any land or premises which the Subtenant is entitled under the terms of this Agreement to use in common with the owners or occupiers of other dwellings;
2.1.5. "Contents" means all fixtures and fittings contained within the Property at the Start Date of the Sublease ;
2.1.6. "jointly and severally liable" means that where there is more than one Subtenant, each Subtenant shall be fully and jointly liable for the obligations of all other Subtenants as set out under this Agreement. Where there is more than one Sublandlord, each Sublandlord shall be fully liable for the obligations of the other Sublandlord(s) to the Subtenants as set out under this Agreement;
2.1.7. "the Landlord" means the designated Landlord under the Master Tenancy Agreement whose permission the Sublandlord has gained in order to sublease the Property to the Subtenant;
2.1.8. "the Master Tenancy Agreement" means the existing tenancy agreement between the Sublandlord and the Landlord as so designated in the Master Tenancy Agreement;
2.1.9. "Rent" or any variation thereof means the amount of money payable by the Subtenant to the Sublandlord at regular intervals throughout the Period of the Sublease in order to be resident in the Property
2.1.10. "day" or "days" refers to any calendar day of the week
2.1.11. "the Sublandlord" means the Landlord as set out under this Agreement, who has lawfully obtained possession of the Premises from the Initial Landlord, and any person or persons deriving title from them;
2.1.12. "the Subtenant" means the Subtenant as set out under this Agreement and its permitted assignees and in the case of an individual shall include his personal representatives and any joint Subtenant.
2.2. Interpretations:
2.2.1. Words which import the neuter gender only shall include the masculine and feminine genders; words that import the masculine gender only shall include the feminine gender and vice versa.
2.2.2. Words which import the singular only shall also include the plural and vice versa; where two or more persons are included in the expression "the Subtenant", or any variation thereof, obligations contained within this Agreement which are to be made by the Subtenant shall be binding jointly and severally on them and their respective representatives and executors.
2.2.3. Words importing persons, where that person is not a Subtenant, include companies and vice versa.
2.2.4. Reference to any Act of Parliament shall include any modification, reenactment, amendment or extension thereof for the time of it being in force and shall also include all orders, plans, regulations, directions, permissions, bye-laws and instruments for the time being made, issued or given thereunder or deriving validity therefrom.
2.2.5. Where any obligation placed on a Subtenant under this Agreement provides for the Subtenant not to do an act or thing shall include an obligation not to permit such act or thing to be done and to prevent such act or thing being done by a third party.
3. THE PROPERTY
3.1. The Property to be subleased under this Agreement is at the following address:
________
3.2. In addition to the Property, the Subtenant will also have use of any Common Parts which they will use subject to any applicable restrictions.
3.3. The Property shall be let unfurnished. The Sublandlord shall have no responsibility to provide the Property or the Subtenant with any furniture or furnishings during the period of this Agreement.
3.4. The Property is not currently subject to a mortgage.
4. TERM OF THE AGREEMENT
4.1. This Agreement shall be an assured shorthold tenancy that shall operate on a fixed-term basis commencing on ________.
4.2. Under the terms of this Agreement the Subtenant shall be permitted to use and occupy the Property from the ________ for a period of ________ months from the state date of this Agreement. Where the Sublandlord or the Subtenant has not given the relevant amount of notice to the other party prior to the last date of the fixed term, this Agreement shall continue to operate on a monthly basis until such notice is given by either party.
5. USE AND OCCUPATION OF THE PROPERTY
5.1. Under the terms of this agreement the Subtenant agrees to occupy the Property as their residential home.
5.2. The Subtenant shall be forbidden from carrying out any business, profession or trade from the Property unless prior written permission has been received and granted by the Sublandlord or the Sublandlord's representatives. The Subtenant accepts and understands that any permission it receives from the Sublandlord shall be conditional upon the terms of the Master Tenancy Agreement and any necessary permission received from the Landlord.
5.3. Where the Subtenant shall be absent from the Property for a period exceeding 28 days the Subtenant is obligated to notify the Sublandlord of this and shall take all reasonable steps to ensure that the Property is secure and to safeguard from frost or flooding or any other events which may cause damage to the Property that can be reasonably prevented.
6. RENT
6.1. Throughout the period of this Agreement, the Subtenant shall pay rent in advance to the Sublandlord on a weekly basis.
6.2. The Subtenant shall pay the rent of £________ (________) per week.
6.3. The first payment of rent shall be paid on or before ________. Thereafter rent payments must be received weekly from this date with each payment covering the week immediately following the one in which payment is made by the Subtenant to the Sublandlord.
6.4. The Subtenant must pay rent using the method requested by the Sublandlord.
7. DEPOSIT
7.1. The Subtenant is required to pay a deposit of £________ (________), to the Sublandlord, on or before ________. The Subtenant shall be provided with a receipt by the Sublandlord for the deposit paid. The deposit shall not be subject to any interest charges.
7.2. The Sublandlord shall lodge the deposit paid by the Subtenant with a deposit scheme within thirty days of receipt of the deposit. The Subtenant shall be provided with all relevant and necessary information concerning the tenancy deposit scheme used by the Sublandlord.
7.3. In the event that the Subtenant fails to meet any cost or payment which is due to the Sublandlord under this Agreement, or so otherwise mutually agreed by the parties in writing, the Sublandlord shall apply for any reasonable costs to be deducted from the deposit which has been paid by the Subtenant. This shall include but it is not limited to any situation where the Subtenant fails to pay the rent, charges for services, unpaid bills related to the property or the cost of repairs and cleaning to the property sustained as a result of the actions of the Subtenant or persons connected to them.
7.4. Where at the end of the Subtenancy all or some of the deposit remains, the Sublandlord shall request the deposit to be released by the tenancy deposit scheme. Where the Subtenant disputes the amount available the tenancy deposit scheme shall conduct dispute resolution.
7.5. In the event that the Subtenant owes a sum more than the deposit at the end of the Agreement, the Subtenant shall remain liable to the Sublandlord for the outstanding amount. The Sublandlord shall be entitled to carry out legal action against the Subtenant to recover the outstanding debt.
8. LOCAL AUTHORITY TAXES AND UTILITY BILLS
8.1. Utilities
All payments of rent due under this Agreement shall be exclusive of any and all charges for the provision and supply of any gas, electricity and any other fuel or service supplied to the Property. The Subtenant agrees and acknowledges that they shall be responsible for the costs of such aforementioned services supplied to the Property during the period of the Agreement.
8.2. Local Authority taxes and charges
Where the Subtenant is liable to pay any rates and other associated charges to the local authority it shall be the responsibility of the Subtenant to notify the local authority of this. The amount payable to any local authority to cover any relevant taxes and charges will not be included in the rent payable by the Subtenant under this Agreement. Where the Subtenant is exempt from paying any rates and other associated charges, the Subtenant shall notify the local authority of this at the beginning of the period of this Agreement.
9. INSURANCE
9.1. The Sublandlord warrants that the Landlord shall at all times during the operation of this Agreement insure and keep insured the Property and all parts thereof against the normal insured risks with the insurers for the full reinstatement value thereof. The Landlord will, if reasonably required and requested, produce a certificate from the Insurers to the Sublandlord who shall provide such certificate to the Subtenant stating the parts of the Property so insured and the date to which the premiums have been paid.
9.2. The Subtenant shall be responsible for the insurance of any or all of their belongings which are present in the Property subleased by the Subtenant from the Sublandlord. The Landlord and the Sublandlord shall have no obligation to insure the contents on the Property where those contents are the possessions of the Subtenant.
9.3. The Sublandlord shall keep in place any relevant insurance policies as is required of them under the terms of the Master Tenancy Agreement. Any such requirements placed upon the Sublandlord under the Master Tenancy Agreement shall also be applicable to the Subtenant during the term of the Agreement.
9.4. The Landlord, the Sublandlord and the Subtenant shall ensure that the relevant insurance policies taken out by them are compatible with the terms of this Agreement and the Master Tenancy Agreement.
10. ASSIGNATION
10.1. Where the Subtenant has not been provided with written permission by the Sublandlord, they shall be forbidden from assigning their rights under this Agreement in the Property to another person, taking in a lodger or any other persons unnamed in this Agreement, or assigning any part of the Property or give up possession of the Property to any other person.
10.2. The Subtenant acknowledges and understands that any permission which may or may not be granted by the Sublandlord is dependent upon the agreement and permission of the Landlord or any relevant terms of the Master Tenancy Agreement which may influence or affect such permission being granted.
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12. SUBTENANT'S OBLIGATIONS
12.1. The Subtenant accepts the Property as is in good tenantable order and condition.
12.2. The Subtenant agrees and undertakes to pay the rent herein stipulated at the times and in the manner aforesaid and without any retention, deduction or set-off save as aforesaid.
12.3. The Subtenant shall refrain from engaging in antisocial behaviour and conduct while they are resident in the Property and any part thereof. Where the Subtenant has any persons resident with them or any visitors to the Property, the Subtenant shall be responsible for ensuring that these persons do not engage in antisocial behaviour while on the Property and any part thereof. In particular the Subtenant and any persons connected to them must not engage in any antisocial behaviour towards anyone present in the Property, a neighbour, the Sublandlord, the Landlord, agent, contractor and any other persons. Where the Subtenant is found to have engaged in antisocial behaviour, this shall be a ground for termination of this Agreement.
12.4. The Subtenant agrees to take reasonable care of the Property and any common parts thereof which the Property forms part and in particular agrees to undertake the following obligations:
12.4.1. To keep the Property aired and heated.
12.4.2. To be liable for the cost of any repairs where the damage that has been sustained is attributable to the fault or negligence of the Subtenant or any person or guest residing with them.
12.4.3. To not keep or bring any hazardous or combustible goods or materials into the Property or any parts thereof, notwithstanding the normal and safe use and storage of petroleum and gas for commonly used household goods and appliances.
12.4.4. Not to put any oil, grease or other damaging or corrosive material down drains, waste pipes or into any washing or sanitary appliances.
12.4.5. To keep the Property and any parts thereof clean and in good working order and the fixtures and fittings there in good condition.
12.4.6. To dispose of all rubbish in an appropriate manner and at an appropriate time and to ensure that any rubbish is not placed or stored in any common areas at any time.
12.4.7. To prevent water pipes from freezing in cold weather.
12.4.8. To avoid danger to the Property and any parts therein or any neighbouring property by way of fire or flooding.
12.4.9. Not to tamper or interfere with any smoke detectors, carbon monoxide detectors, heat detectors or the fire alarm system.
12.4.10. Not to tamper or interfere with any locks or relevant door closing mechanisms included within the Property.
12.4.11. To immediately notify the Sublandlord of any structural damage or defects in the Property or any other part thereof.
12.4.12. Not to change or add any locks to the property without the prior written permission of the Sublandlord and where the replacement of any keys, locks or access devices are necessary due to the fault of the Subtenant they shall be liable to cover the costs of such necessary replacements.
12.4.13. To only keep any pets within the Property when having obtained the Sublandlord's prior written agreement and, where such pets are permitted, to keep them under control to ensure that they do not cause deterioration to the Property or the fixtures and fittings or deterioration in the condition of any relevant common areas or nuisance to neighbours or others in the locality of the Property.
12.4.14. Not to make any alterations to the Property, its fixtures or fittings, nor to carry out any external alterations without the prior written permission of the Sublandlord.
12.4.15. To keep the interior of the Property properly decorated and to ensure that the Property is properly decorated at the termination of this Agreement. The Subtenant must have the Sublandlord's written approval of any colour scheme with which they wish to decorate the Property.
12.4.16. Not to access the roof or attic area of the tenement without the Sublandlord's express written permission, except where it becomes necessary in the case of an emergency.
12.4.17. To ensure that at the termination of this Agreement the Property is cleaned to the highest standard and that any carpets, curtains and other similar fabrics are free from stains and soils which occurred during the course of this Agreement.
13. SUBLANDLORD'S OBLIGATIONS
13.1. The Sublandlord agrees with the Subtenant:
13.1.1. to give the Subtenant possession of the Property at the start of the Agreement;
13.1.2. to keep in tenantable repair and working order:
13.1.2.a. the structure and exterior of the Property (including drains, external pipes, gutters and windows);
13.1.2.b. the installations in the Property for the supply of water, gas and electricity, and for sanitation (including basins, sinks, baths and sanitary conveniences, but not other fixtures, fittings and appliances for making use of the supply of water, gas or electricity); and
13.1.2.c. the installations in the Property for space heating and water.
13.1.2.d. For the avoidance of doubt the Sublandlord is not required to repair anything which the Subtenant is liable to repair by virtue of the Subtenant's obligation to take reasonable care of the Property, to rebuild or reinstate the Property in the case of destruction or damage by fire, storm or flood, or to keep in repair or maintain anything which the Subtenant is entitled to remove from the Property;
13.1.3. to keep in repair and proper working order any of the Contents except where the damage or need to repair arises as a result of the Subtenant's failure to comply with the obligations of this Agreement;
13.2. Provided that the Subtenant upholds and fulfils its obligations and all other stipulations as set out under this Agreement and pays the rents and other payments herein stipulated the Sublandlord shall allow the Subtenant shall to peaceably hold and enjoy the Property during the period of this Agreement free from any lawful interruption by the Sublandlord or any person rightfully claiming through, under or in trust for the Sublandlord.
13.3. The Sublandlord shall ensure all the above is undertaken and upheld during the period of the Agreement provided where the permission of the Landlord is readily available to them and no terms or conditions of the Master Tenancy Agreement shall prevent them from carrying out or undertaking any obligations placed upon them in this Agreement.
13.4. The Sublandlord shall at all times keep the Landlord informed and communicate with the Landlord about any problems, repairs or any other issues which are necessary for the Property to be kept in a good and tenantable condition.
14. ACCESS TO THE PROPERTY
14.1. The Subtenant agrees to allow the Sublandlord access to the Property from time to time as is necessary. The Subtenant shall be given no less than forty-eight hours' notice of the Sublandlord's intention to visit.
14.2. The Subtenant must allow access for repairs which the Sublandlord or Landlord is required to do under this Agreement, by the law, or by any other agreement between the parties.
14.3. The Subtenant must give access to any contractors, tradesmen or any other such person hired by the Sublandlord or acting through or on behalf of the Sublandlord to carry out works in the Property.
14.4. In the event of an emergency, the Sublandlord reserves the right to effect forcible entry to the Property where access is not made available by the Subtenant or the Subtenant is absent from the Property. Where emergency access is required to the Property the forty-eight-hour notice period shall not be necessary.
14.5. The Subtenant shall be required to give access to the Landlord where so reasonably required and all rights of access of the Landlord as set out in the Master Tenancy Agreement shall also apply in this Agreement.
14.6. Once either party has given notice of their intention to terminate this agreement, the Subtenant shall permit prospective tenants to visit the Property at reasonable times and to permit a "To Let" or "For Sale" board to be displayed at the Property where required.
15. SMOKING
The Subtenant shall be forbidden to smoke or to permit visitors, or other persons resident with the Subtenant, to smoke tobacco or any other substance in the Property and any parts thereof.
16. TERMINATION
16.1. At the end of the Agreement the Subtenant must:
16.1.1. deliver up to the Sublandlord the Property and all Contents and any substituted furniture and effects cleaned and tidy and in as good a state of repair and condition, and decorative order, as they were at the start of this Agreement, or when provided by the Sublandlord, fair wear and tear excepted, in accordance with this Agreement;
16.1.2. remove all possessions belonging to the Subtenant or any member of the Subtenant's Household or visitor and all rubbish from the Property. If any such items are left in the Property at the end of the Agreement the Subtenant will be liable for meeting all reasonable removal and storage charges. The Sublandlord will remove and store possessions for one month (other than any perishable items which will be disposed of immediately) and will take reasonable steps to notify the Subtenant. If the items are not collected within one month the Subtenant will be liable for the reasonable costs of disposal, and should any items be sold, the costs of storage and disposal may be deducted from the sale proceeds;
16.1.3. give vacant possession and return all keys to the Sublandlord;
16.1.4. provide the Sublandlord with a forwarding address.
16.2. Where the Sublandlord wants the Subtenant to leave the Property at the end of the Agreement the Sublandlord must give the Subtenant at least six months' notice in writing before the end date of the Agreement in accordance with section 21 of the Housing Act 1988 or seek possession on one or more of the grounds contained in Schedule 2 to the Housing Act 1988 if any of those grounds apply.
17. RECOVERY OF POSSESSION
17.1. If at any time whatsoever during the period of the Agreement:
17.1.1. the Rent or any part of it is in arrears for 14 days after it has become due (whether legally demanded or not); or
17.1.2. there is a breach of any of the obligations or agreements on the part of the Subtenant; and
17.1.3. any grounds for possession in the Housing Act 1988, Schedule 2 apply;
the Sublandlord may re-enter upon the Property, or any part of the Property, in order to resume possession of the Property and its Contents and any substituted fixtures and furniture and the Agreement, with due regard to the Master Tenancy Agreement, shall determine, but without prejudice to the other rights and remedies of the Sublandlord but whilst the Subtenant resides in the Property, the Sublandlord will only re-take possession having first obtained a court order for possession of the Property having first given notice to the Subtenant of his intention to apply for a court order in accordance with the Housing Act 1988, and subsequently having successfully applied for such an order.
17.2. If the Agreement ceases to be an assured tenancy and:
17.2.1. the Rent or any part of it is in arrears for 14 days after it has become due (whether legally demanded or not); or
17.2.2. there is a breach of any of the obligations or agreements on the part of the Subtenant; or
17.2.3. the Subtenant is declared bankrupt
the Sublandlord reserves the right to terminate the Agreement and to re-take possession of the Property, its Contents and any substituted fixtures and fittings, and furniture.
18. NOTICES
18.1. Any notice served by the Sublandlord on the Subtenant must be served in writing and will be deemed sufficiently served if sent by registered first-class post to or left at the Property. Notices shall be taken to have been received the next day after being left at the Property or 3 days after posting;
18.2. Any notice served by the Subtenant on the Landlord must be served in writing and will be deemed sufficiently served if sent by registered first-class post to or left at the Sublandlord's Address. Notices shall be taken to have been received the next day after being left at the Property or 3 days after posting.
19. MASTER TENANCY AGREEMENT
This Agreement is subject and subordinate to the Master Tenancy Agreement, which exists between the Sublandlord and the Landlord. A copy of the Master Tenancy Agreement will be provided to the Subtenant alongside this Agreement.
20. WARRANTIES
20.1. The Sublandlord warrants and confirms that they have lawfully gained possession of the Property from the Landlord as a tenant and that the Landlord has granted their permission for the Property to be sublet by the Sublandlord under this Agreement.
20.2. The Subtenant warrants and confirms: to have made a full and true disclosure of all the information sought by the Sublandlord in connection with the granting of this Agreement; not to have knowingly or carelessly made any misleading or false statements, whether written or oral, which might affect the Sublandlord's decision to enter into this Agreement with the Subtenant; to have read and understood the terms of this Agreement.
21. PROVISOS
21.1. The Subtenant shall ensure the Sublandlord is indemnified in relation to all and any actions, proceedings, charges, costs, claims and demands against, suffered or incurred by the Sublandlord as a result of:
21.1.1. any unlawful or prohibited use of the Property or any defect in the Property or the carrying out of any additions or alterations to the Property;
21.1.2. interference or alleged interference of any sort or any obstruction of a right or alleged right of light, drainage, air and any other such right which now exists for the benefit and enjoyment of any neighbouring, adjoining or adjacent property; and
21.1.3. any breach or failure to observe any obligations, conditions and other provisions contained within this Agreement by the Subtenant.
21.2. Any demand for rent or any acceptance of rent, or any other sum due and payable by the Subtenant under this Agreement, by the Sublandlord or its agent with knowledge of any breach of the obligations on the part of the Subtenant under this Agreement shall not be or be considered to be a waiver wholly or partially of any such breach. Any breach of obligations by the Subtenant shall be considered to be a continuing breach and the Subtenant and any person in possession of or holding any interest under or through the Subtenant shall not be entitled to set up any such demand for or acceptance of rent by the Sublandlord or its agent as a defence in any action for termination of this Agreement or otherwise.
21.3. Unless as a result of the Sublandlord's negligence, the Sublandlord shall not be or become liable to the Subtenant or any and all persons connected to them at any time whatsoever in relation to any personal injury, death, loss, damage or expense sustained by the Subtenant or any and all persons connected to them while present in the Property or any parts thereof or for any personal injury, death, loss, expense or damage incurred by the Subtenant or any and all persons connected to them through any act or omission of the proprietors, tenants or occupiers of the remainder of the property or any other adjoining or neighbouring properties.
22. SEVERABILITY
Where any accepted and recognised body of authority finds any clause, provision, undertaking, condition, obligation, term or any other stipulation within this Agreement to be unlawful or unenforceable to any such extent, such clause, provision, undertaking, condition, obligation, term or any other stipulation within this Agreement shall be severed from the remainder of the Agreement and all other remaining clauses, provisions, undertakings, conditions, obligations, terms and all and any other stipulations shall remain in effect and valid to their fullest extent as permitted by the law.
23. GOVERNING LAW
This lease shall be interpreted and construed in accordance with the Law of England and Wales and any dispute, difference or question of any kind which shall or may arise between the parties of this Agreement shall be determined exclusively in accordance with the Law of England and Wales and the jurisdiction of the Courts of England and Wales.
24. THIRD PARTIES
Unless stated explicitly, nothing in this Agreement confers any rights on any person under the Contracts (Rights of Third Parties) Act 1999.
SIGNED BY THE PARTIES ON THE DATE OF THIS AGREEMENT:
SUBLANDLORD
SIGNED: ______________________________________
________
DATED: ______________________________________
SUBTENANT
SIGNED: ______________________________________
________
DATED: ______________________________________
ASSURED SHORTHOLD TENANCY
SUBLEASE AGREEMENT
for the Private Rental Sector in England
This AGREEMENT is created on the last date of signature of the Parties
1. PARTIES
1.1. The Sublandlord:
________ of:
________
("the Sublandlord")
1.2. The Subtenant:
________ of:
________
("the Subtenant")
The parties have AGREED AND DO HEREBY AGREE as follows:
2. DEFINITIONS AND INTERPRETATIONS
2.1. Definitions
2.1.1. "Agreement" means these presents and all documents supplementary hereto or contained herein;
2.1.2. "Assignation" means where the Subtenant transfers his or her property rights under this Agreement to another person, subject to having obtained the prior written permission of the Sublandlord;
2.1.3. "Deposit" means the amount of money that must be paid by the Subtenant on or before the Start Date of the Sublease to the Sublandlord in order to become resident in the Property;
2.1.4. "Common Parts" means any part of a building containing the Property and any land or premises which the Subtenant is entitled under the terms of this Agreement to use in common with the owners or occupiers of other dwellings;
2.1.5. "Contents" means all fixtures and fittings contained within the Property at the Start Date of the Sublease ;
2.1.6. "jointly and severally liable" means that where there is more than one Subtenant, each Subtenant shall be fully and jointly liable for the obligations of all other Subtenants as set out under this Agreement. Where there is more than one Sublandlord, each Sublandlord shall be fully liable for the obligations of the other Sublandlord(s) to the Subtenants as set out under this Agreement;
2.1.7. "the Landlord" means the designated Landlord under the Master Tenancy Agreement whose permission the Sublandlord has gained in order to sublease the Property to the Subtenant;
2.1.8. "the Master Tenancy Agreement" means the existing tenancy agreement between the Sublandlord and the Landlord as so designated in the Master Tenancy Agreement;
2.1.9. "Rent" or any variation thereof means the amount of money payable by the Subtenant to the Sublandlord at regular intervals throughout the Period of the Sublease in order to be resident in the Property
2.1.10. "day" or "days" refers to any calendar day of the week
2.1.11. "the Sublandlord" means the Landlord as set out under this Agreement, who has lawfully obtained possession of the Premises from the Initial Landlord, and any person or persons deriving title from them;
2.1.12. "the Subtenant" means the Subtenant as set out under this Agreement and its permitted assignees and in the case of an individual shall include his personal representatives and any joint Subtenant.
2.2. Interpretations:
2.2.1. Words which import the neuter gender only shall include the masculine and feminine genders; words that import the masculine gender only shall include the feminine gender and vice versa.
2.2.2. Words which import the singular only shall also include the plural and vice versa; where two or more persons are included in the expression "the Subtenant", or any variation thereof, obligations contained within this Agreement which are to be made by the Subtenant shall be binding jointly and severally on them and their respective representatives and executors.
2.2.3. Words importing persons, where that person is not a Subtenant, include companies and vice versa.
2.2.4. Reference to any Act of Parliament shall include any modification, reenactment, amendment or extension thereof for the time of it being in force and shall also include all orders, plans, regulations, directions, permissions, bye-laws and instruments for the time being made, issued or given thereunder or deriving validity therefrom.
2.2.5. Where any obligation placed on a Subtenant under this Agreement provides for the Subtenant not to do an act or thing shall include an obligation not to permit such act or thing to be done and to prevent such act or thing being done by a third party.
3. THE PROPERTY
3.1. The Property to be subleased under this Agreement is at the following address:
________
3.2. In addition to the Property, the Subtenant will also have use of any Common Parts which they will use subject to any applicable restrictions.
3.3. The Property shall be let unfurnished. The Sublandlord shall have no responsibility to provide the Property or the Subtenant with any furniture or furnishings during the period of this Agreement.
3.4. The Property is not currently subject to a mortgage.
4. TERM OF THE AGREEMENT
4.1. This Agreement shall be an assured shorthold tenancy that shall operate on a fixed-term basis commencing on ________.
4.2. Under the terms of this Agreement the Subtenant shall be permitted to use and occupy the Property from the ________ for a period of ________ months from the state date of this Agreement. Where the Sublandlord or the Subtenant has not given the relevant amount of notice to the other party prior to the last date of the fixed term, this Agreement shall continue to operate on a monthly basis until such notice is given by either party.
5. USE AND OCCUPATION OF THE PROPERTY
5.1. Under the terms of this agreement the Subtenant agrees to occupy the Property as their residential home.
5.2. The Subtenant shall be forbidden from carrying out any business, profession or trade from the Property unless prior written permission has been received and granted by the Sublandlord or the Sublandlord's representatives. The Subtenant accepts and understands that any permission it receives from the Sublandlord shall be conditional upon the terms of the Master Tenancy Agreement and any necessary permission received from the Landlord.
5.3. Where the Subtenant shall be absent from the Property for a period exceeding 28 days the Subtenant is obligated to notify the Sublandlord of this and shall take all reasonable steps to ensure that the Property is secure and to safeguard from frost or flooding or any other events which may cause damage to the Property that can be reasonably prevented.
6. RENT
6.1. Throughout the period of this Agreement, the Subtenant shall pay rent in advance to the Sublandlord on a weekly basis.
6.2. The Subtenant shall pay the rent of £________ (________) per week.
6.3. The first payment of rent shall be paid on or before ________. Thereafter rent payments must be received weekly from this date with each payment covering the week immediately following the one in which payment is made by the Subtenant to the Sublandlord.
6.4. The Subtenant must pay rent using the method requested by the Sublandlord.
7. DEPOSIT
7.1. The Subtenant is required to pay a deposit of £________ (________), to the Sublandlord, on or before ________. The Subtenant shall be provided with a receipt by the Sublandlord for the deposit paid. The deposit shall not be subject to any interest charges.
7.2. The Sublandlord shall lodge the deposit paid by the Subtenant with a deposit scheme within thirty days of receipt of the deposit. The Subtenant shall be provided with all relevant and necessary information concerning the tenancy deposit scheme used by the Sublandlord.
7.3. In the event that the Subtenant fails to meet any cost or payment which is due to the Sublandlord under this Agreement, or so otherwise mutually agreed by the parties in writing, the Sublandlord shall apply for any reasonable costs to be deducted from the deposit which has been paid by the Subtenant. This shall include but it is not limited to any situation where the Subtenant fails to pay the rent, charges for services, unpaid bills related to the property or the cost of repairs and cleaning to the property sustained as a result of the actions of the Subtenant or persons connected to them.
7.4. Where at the end of the Subtenancy all or some of the deposit remains, the Sublandlord shall request the deposit to be released by the tenancy deposit scheme. Where the Subtenant disputes the amount available the tenancy deposit scheme shall conduct dispute resolution.
7.5. In the event that the Subtenant owes a sum more than the deposit at the end of the Agreement, the Subtenant shall remain liable to the Sublandlord for the outstanding amount. The Sublandlord shall be entitled to carry out legal action against the Subtenant to recover the outstanding debt.
8. LOCAL AUTHORITY TAXES AND UTILITY BILLS
8.1. Utilities
All payments of rent due under this Agreement shall be exclusive of any and all charges for the provision and supply of any gas, electricity and any other fuel or service supplied to the Property. The Subtenant agrees and acknowledges that they shall be responsible for the costs of such aforementioned services supplied to the Property during the period of the Agreement.
8.2. Local Authority taxes and charges
Where the Subtenant is liable to pay any rates and other associated charges to the local authority it shall be the responsibility of the Subtenant to notify the local authority of this. The amount payable to any local authority to cover any relevant taxes and charges will not be included in the rent payable by the Subtenant under this Agreement. Where the Subtenant is exempt from paying any rates and other associated charges, the Subtenant shall notify the local authority of this at the beginning of the period of this Agreement.
9. INSURANCE
9.1. The Sublandlord warrants that the Landlord shall at all times during the operation of this Agreement insure and keep insured the Property and all parts thereof against the normal insured risks with the insurers for the full reinstatement value thereof. The Landlord will, if reasonably required and requested, produce a certificate from the Insurers to the Sublandlord who shall provide such certificate to the Subtenant stating the parts of the Property so insured and the date to which the premiums have been paid.
9.2. The Subtenant shall be responsible for the insurance of any or all of their belongings which are present in the Property subleased by the Subtenant from the Sublandlord. The Landlord and the Sublandlord shall have no obligation to insure the contents on the Property where those contents are the possessions of the Subtenant.
9.3. The Sublandlord shall keep in place any relevant insurance policies as is required of them under the terms of the Master Tenancy Agreement. Any such requirements placed upon the Sublandlord under the Master Tenancy Agreement shall also be applicable to the Subtenant during the term of the Agreement.
9.4. The Landlord, the Sublandlord and the Subtenant shall ensure that the relevant insurance policies taken out by them are compatible with the terms of this Agreement and the Master Tenancy Agreement.
10. ASSIGNATION
10.1. Where the Subtenant has not been provided with written permission by the Sublandlord, they shall be forbidden from assigning their rights under this Agreement in the Property to another person, taking in a lodger or any other persons unnamed in this Agreement, or assigning any part of the Property or give up possession of the Property to any other person.
10.2. The Subtenant acknowledges and understands that any permission which may or may not be granted by the Sublandlord is dependent upon the agreement and permission of the Landlord or any relevant terms of the Master Tenancy Agreement which may influence or affect such permission being granted.
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12. SUBTENANT'S OBLIGATIONS
12.1. The Subtenant accepts the Property as is in good tenantable order and condition.
12.2. The Subtenant agrees and undertakes to pay the rent herein stipulated at the times and in the manner aforesaid and without any retention, deduction or set-off save as aforesaid.
12.3. The Subtenant shall refrain from engaging in antisocial behaviour and conduct while they are resident in the Property and any part thereof. Where the Subtenant has any persons resident with them or any visitors to the Property, the Subtenant shall be responsible for ensuring that these persons do not engage in antisocial behaviour while on the Property and any part thereof. In particular the Subtenant and any persons connected to them must not engage in any antisocial behaviour towards anyone present in the Property, a neighbour, the Sublandlord, the Landlord, agent, contractor and any other persons. Where the Subtenant is found to have engaged in antisocial behaviour, this shall be a ground for termination of this Agreement.
12.4. The Subtenant agrees to take reasonable care of the Property and any common parts thereof which the Property forms part and in particular agrees to undertake the following obligations:
12.4.1. To keep the Property aired and heated.
12.4.2. To be liable for the cost of any repairs where the damage that has been sustained is attributable to the fault or negligence of the Subtenant or any person or guest residing with them.
12.4.3. To not keep or bring any hazardous or combustible goods or materials into the Property or any parts thereof, notwithstanding the normal and safe use and storage of petroleum and gas for commonly used household goods and appliances.
12.4.4. Not to put any oil, grease or other damaging or corrosive material down drains, waste pipes or into any washing or sanitary appliances.
12.4.5. To keep the Property and any parts thereof clean and in good working order and the fixtures and fittings there in good condition.
12.4.6. To dispose of all rubbish in an appropriate manner and at an appropriate time and to ensure that any rubbish is not placed or stored in any common areas at any time.
12.4.7. To prevent water pipes from freezing in cold weather.
12.4.8. To avoid danger to the Property and any parts therein or any neighbouring property by way of fire or flooding.
12.4.9. Not to tamper or interfere with any smoke detectors, carbon monoxide detectors, heat detectors or the fire alarm system.
12.4.10. Not to tamper or interfere with any locks or relevant door closing mechanisms included within the Property.
12.4.11. To immediately notify the Sublandlord of any structural damage or defects in the Property or any other part thereof.
12.4.12. Not to change or add any locks to the property without the prior written permission of the Sublandlord and where the replacement of any keys, locks or access devices are necessary due to the fault of the Subtenant they shall be liable to cover the costs of such necessary replacements.
12.4.13. To only keep any pets within the Property when having obtained the Sublandlord's prior written agreement and, where such pets are permitted, to keep them under control to ensure that they do not cause deterioration to the Property or the fixtures and fittings or deterioration in the condition of any relevant common areas or nuisance to neighbours or others in the locality of the Property.
12.4.14. Not to make any alterations to the Property, its fixtures or fittings, nor to carry out any external alterations without the prior written permission of the Sublandlord.
12.4.15. To keep the interior of the Property properly decorated and to ensure that the Property is properly decorated at the termination of this Agreement. The Subtenant must have the Sublandlord's written approval of any colour scheme with which they wish to decorate the Property.
12.4.16. Not to access the roof or attic area of the tenement without the Sublandlord's express written permission, except where it becomes necessary in the case of an emergency.
12.4.17. To ensure that at the termination of this Agreement the Property is cleaned to the highest standard and that any carpets, curtains and other similar fabrics are free from stains and soils which occurred during the course of this Agreement.
13. SUBLANDLORD'S OBLIGATIONS
13.1. The Sublandlord agrees with the Subtenant:
13.1.1. to give the Subtenant possession of the Property at the start of the Agreement;
13.1.2. to keep in tenantable repair and working order:
13.1.2.a. the structure and exterior of the Property (including drains, external pipes, gutters and windows);
13.1.2.b. the installations in the Property for the supply of water, gas and electricity, and for sanitation (including basins, sinks, baths and sanitary conveniences, but not other fixtures, fittings and appliances for making use of the supply of water, gas or electricity); and
13.1.2.c. the installations in the Property for space heating and water.
13.1.2.d. For the avoidance of doubt the Sublandlord is not required to repair anything which the Subtenant is liable to repair by virtue of the Subtenant's obligation to take reasonable care of the Property, to rebuild or reinstate the Property in the case of destruction or damage by fire, storm or flood, or to keep in repair or maintain anything which the Subtenant is entitled to remove from the Property;
13.1.3. to keep in repair and proper working order any of the Contents except where the damage or need to repair arises as a result of the Subtenant's failure to comply with the obligations of this Agreement;
13.2. Provided that the Subtenant upholds and fulfils its obligations and all other stipulations as set out under this Agreement and pays the rents and other payments herein stipulated the Sublandlord shall allow the Subtenant shall to peaceably hold and enjoy the Property during the period of this Agreement free from any lawful interruption by the Sublandlord or any person rightfully claiming through, under or in trust for the Sublandlord.
13.3. The Sublandlord shall ensure all the above is undertaken and upheld during the period of the Agreement provided where the permission of the Landlord is readily available to them and no terms or conditions of the Master Tenancy Agreement shall prevent them from carrying out or undertaking any obligations placed upon them in this Agreement.
13.4. The Sublandlord shall at all times keep the Landlord informed and communicate with the Landlord about any problems, repairs or any other issues which are necessary for the Property to be kept in a good and tenantable condition.
14. ACCESS TO THE PROPERTY
14.1. The Subtenant agrees to allow the Sublandlord access to the Property from time to time as is necessary. The Subtenant shall be given no less than forty-eight hours' notice of the Sublandlord's intention to visit.
14.2. The Subtenant must allow access for repairs which the Sublandlord or Landlord is required to do under this Agreement, by the law, or by any other agreement between the parties.
14.3. The Subtenant must give access to any contractors, tradesmen or any other such person hired by the Sublandlord or acting through or on behalf of the Sublandlord to carry out works in the Property.
14.4. In the event of an emergency, the Sublandlord reserves the right to effect forcible entry to the Property where access is not made available by the Subtenant or the Subtenant is absent from the Property. Where emergency access is required to the Property the forty-eight-hour notice period shall not be necessary.
14.5. The Subtenant shall be required to give access to the Landlord where so reasonably required and all rights of access of the Landlord as set out in the Master Tenancy Agreement shall also apply in this Agreement.
14.6. Once either party has given notice of their intention to terminate this agreement, the Subtenant shall permit prospective tenants to visit the Property at reasonable times and to permit a "To Let" or "For Sale" board to be displayed at the Property where required.
15. SMOKING
The Subtenant shall be forbidden to smoke or to permit visitors, or other persons resident with the Subtenant, to smoke tobacco or any other substance in the Property and any parts thereof.
16. TERMINATION
16.1. At the end of the Agreement the Subtenant must:
16.1.1. deliver up to the Sublandlord the Property and all Contents and any substituted furniture and effects cleaned and tidy and in as good a state of repair and condition, and decorative order, as they were at the start of this Agreement, or when provided by the Sublandlord, fair wear and tear excepted, in accordance with this Agreement;
16.1.2. remove all possessions belonging to the Subtenant or any member of the Subtenant's Household or visitor and all rubbish from the Property. If any such items are left in the Property at the end of the Agreement the Subtenant will be liable for meeting all reasonable removal and storage charges. The Sublandlord will remove and store possessions for one month (other than any perishable items which will be disposed of immediately) and will take reasonable steps to notify the Subtenant. If the items are not collected within one month the Subtenant will be liable for the reasonable costs of disposal, and should any items be sold, the costs of storage and disposal may be deducted from the sale proceeds;
16.1.3. give vacant possession and return all keys to the Sublandlord;
16.1.4. provide the Sublandlord with a forwarding address.
16.2. Where the Sublandlord wants the Subtenant to leave the Property at the end of the Agreement the Sublandlord must give the Subtenant at least six months' notice in writing before the end date of the Agreement in accordance with section 21 of the Housing Act 1988 or seek possession on one or more of the grounds contained in Schedule 2 to the Housing Act 1988 if any of those grounds apply.
17. RECOVERY OF POSSESSION
17.1. If at any time whatsoever during the period of the Agreement:
17.1.1. the Rent or any part of it is in arrears for 14 days after it has become due (whether legally demanded or not); or
17.1.2. there is a breach of any of the obligations or agreements on the part of the Subtenant; and
17.1.3. any grounds for possession in the Housing Act 1988, Schedule 2 apply;
the Sublandlord may re-enter upon the Property, or any part of the Property, in order to resume possession of the Property and its Contents and any substituted fixtures and furniture and the Agreement, with due regard to the Master Tenancy Agreement, shall determine, but without prejudice to the other rights and remedies of the Sublandlord but whilst the Subtenant resides in the Property, the Sublandlord will only re-take possession having first obtained a court order for possession of the Property having first given notice to the Subtenant of his intention to apply for a court order in accordance with the Housing Act 1988, and subsequently having successfully applied for such an order.
17.2. If the Agreement ceases to be an assured tenancy and:
17.2.1. the Rent or any part of it is in arrears for 14 days after it has become due (whether legally demanded or not); or
17.2.2. there is a breach of any of the obligations or agreements on the part of the Subtenant; or
17.2.3. the Subtenant is declared bankrupt
the Sublandlord reserves the right to terminate the Agreement and to re-take possession of the Property, its Contents and any substituted fixtures and fittings, and furniture.
18. NOTICES
18.1. Any notice served by the Sublandlord on the Subtenant must be served in writing and will be deemed sufficiently served if sent by registered first-class post to or left at the Property. Notices shall be taken to have been received the next day after being left at the Property or 3 days after posting;
18.2. Any notice served by the Subtenant on the Landlord must be served in writing and will be deemed sufficiently served if sent by registered first-class post to or left at the Sublandlord's Address. Notices shall be taken to have been received the next day after being left at the Property or 3 days after posting.
19. MASTER TENANCY AGREEMENT
This Agreement is subject and subordinate to the Master Tenancy Agreement, which exists between the Sublandlord and the Landlord. A copy of the Master Tenancy Agreement will be provided to the Subtenant alongside this Agreement.
20. WARRANTIES
20.1. The Sublandlord warrants and confirms that they have lawfully gained possession of the Property from the Landlord as a tenant and that the Landlord has granted their permission for the Property to be sublet by the Sublandlord under this Agreement.
20.2. The Subtenant warrants and confirms: to have made a full and true disclosure of all the information sought by the Sublandlord in connection with the granting of this Agreement; not to have knowingly or carelessly made any misleading or false statements, whether written or oral, which might affect the Sublandlord's decision to enter into this Agreement with the Subtenant; to have read and understood the terms of this Agreement.
21. PROVISOS
21.1. The Subtenant shall ensure the Sublandlord is indemnified in relation to all and any actions, proceedings, charges, costs, claims and demands against, suffered or incurred by the Sublandlord as a result of:
21.1.1. any unlawful or prohibited use of the Property or any defect in the Property or the carrying out of any additions or alterations to the Property;
21.1.2. interference or alleged interference of any sort or any obstruction of a right or alleged right of light, drainage, air and any other such right which now exists for the benefit and enjoyment of any neighbouring, adjoining or adjacent property; and
21.1.3. any breach or failure to observe any obligations, conditions and other provisions contained within this Agreement by the Subtenant.
21.2. Any demand for rent or any acceptance of rent, or any other sum due and payable by the Subtenant under this Agreement, by the Sublandlord or its agent with knowledge of any breach of the obligations on the part of the Subtenant under this Agreement shall not be or be considered to be a waiver wholly or partially of any such breach. Any breach of obligations by the Subtenant shall be considered to be a continuing breach and the Subtenant and any person in possession of or holding any interest under or through the Subtenant shall not be entitled to set up any such demand for or acceptance of rent by the Sublandlord or its agent as a defence in any action for termination of this Agreement or otherwise.
21.3. Unless as a result of the Sublandlord's negligence, the Sublandlord shall not be or become liable to the Subtenant or any and all persons connected to them at any time whatsoever in relation to any personal injury, death, loss, damage or expense sustained by the Subtenant or any and all persons connected to them while present in the Property or any parts thereof or for any personal injury, death, loss, expense or damage incurred by the Subtenant or any and all persons connected to them through any act or omission of the proprietors, tenants or occupiers of the remainder of the property or any other adjoining or neighbouring properties.
22. SEVERABILITY
Where any accepted and recognised body of authority finds any clause, provision, undertaking, condition, obligation, term or any other stipulation within this Agreement to be unlawful or unenforceable to any such extent, such clause, provision, undertaking, condition, obligation, term or any other stipulation within this Agreement shall be severed from the remainder of the Agreement and all other remaining clauses, provisions, undertakings, conditions, obligations, terms and all and any other stipulations shall remain in effect and valid to their fullest extent as permitted by the law.
23. GOVERNING LAW
This lease shall be interpreted and construed in accordance with the Law of England and Wales and any dispute, difference or question of any kind which shall or may arise between the parties of this Agreement shall be determined exclusively in accordance with the Law of England and Wales and the jurisdiction of the Courts of England and Wales.
24. THIRD PARTIES
Unless stated explicitly, nothing in this Agreement confers any rights on any person under the Contracts (Rights of Third Parties) Act 1999.
SIGNED BY THE PARTIES ON THE DATE OF THIS AGREEMENT:
SUBLANDLORD
SIGNED: ______________________________________
________
DATED: ______________________________________
SUBTENANT
SIGNED: ______________________________________
________
DATED: ______________________________________
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