The Parties/signatories to this Agreement are advised that signature of this document will have legal consequences. Where either Party is unsure or does not understand the legal obligations and responsibilities placed upon them under this Agreement, they are advised to seek legal advice before signing.
RESIDENTIAL SUB-LEASE AGREEMENT
for the Private Rental Sector in Scotland
This AGREEMENT is created on: ________
1. PARTIES
A. Sub-Tenant:
________ of:
________
(hereafter "the Sub-Tenant")
B. Landlord:
________ of:
________
(hereafter "the Landlord")
C. Guarantor:
________ of:
________
The parties have AGREED AND DO HEREBY AGREE as follows:
2. DEFINITIONS AND INTERPRETATIONS
A Definitions:
I. "Agreement" means these presents and all documents supplementary hereto or contained herein;
II. "assignation" means where a Sub-Tenant transfers his or her property rights under this Agreement to another person, subject to having obtained the prior written permission of the Landlord;
III. "the Act" means the Private Housing (Tenancies) (Scotland) Act 2016;
IV. "common parts" means the common areas and parts of the Premises, rights of access and other/any common facilities within or used in connection with the Premises, including the structure and exterior of the building which includes the premises, which may or may not be in the possession of the Landlord;
V. "data protection laws" means the relevant laws, statutes, legislation, orders, regulations or any other relevant rules which may be applicable to the processing of personal data to which a party to this Agreement is subject including the GDPR and the Data Protection Act 2018 and any modification thereof;
VI. "eviction ground" means the grounds stated in schedule 3 of the Private Housing (Tenancies) (Scotland) Act 2016 (the Act);
VII. "eviction order" means an order that brings a this Agreement to an end on a specified date issued by the First-tier Tribunal for Scotland Housing and Property Chamber ("the Tribunal");
VIII. "guarantor" a third party, requested by the Landlord and specified herein, who shall meet any obligation and pay any rent in arrears where the Sub-Tenant fails to do so. The guarantor can have legal action taken against them by the Landlord to recover any rent not paid by the Sub-Tenant or any obligation not met by the Sub-Tenant under this Agreement;
IX. "House in Multiple Occupation" or "HMO" means a property that is occupied by three of more adults, above the age of 16, who are from different families and the property is their main/only place of residence. The property must be a house, premises or group of premises with shared amenities as set out in section 125 of the Housing (Scotland) Act 2006;
X. "the Initial Landlord" means any person or persons, and any and all persons deriving title from them, from whom the Landlord gained lawful possession of the Premises and has given their permission for the Landlord to sub-let the Premises under the relevant tenancy agreement between the Landlord and the Initial Landlord;
XI. "jointly and severally liable" means that where there is more than one Sub-Tenant, each Sub-Tenant shall be fully and jointly liable for the obligations of all other Sub-Tenants as set out under this Agreement. Where there is more than one Landlord, each Landlord shall be fully liable for the obligations of the other Landlord(s) to the Sub-Tenants as set out under this Agreement;
XII. "Landlord" 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;
XIII. "overcrowding" means where the Premises fails either The Room Standard and/or The Space Standard tests as set out below;
XIV. "rent" means the amount payable by the Sub-Tenant to the Landlord as set out under this Agreement. This includes any sums due in relation to any insurance, repairs, maintenance or services;
XV. "Rent-increase notice" means the prescribed notice that must be used by the Landlord to notify the Sub-Tenant of an intended rent increase under a Private Residential Tenancy Agreement such as this one;
XVI. "a rent officer" means an appointed, independent officer by law to decide the amount of rent payable under a Private Residential Tenancy Agreement such as this one;
XVII. "rent pressure zone" means a designated area where the relevant Scottish Ministers have implemented a cap on the amount that rent can be increased annually for existing tenancies;
XVIII. "statutory terms" means the terms which are applicable to all Private Residential Tenancy Agreements under the Act;
XIX. "Sub-Tenant" means the Sub-Tenant 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 Sub-Tenant;
XX. "the Tribunal" means the relevant body for dealing with disputes arising from this Agreement, namely the First-tier Tribunal for Scotland Housing and Property Chamber;
XXI. "the Room Standard" means the standard applicable to test overcrowding and this standard will be breached where two persons of the opposite sexes, who are not spouses, have to sleep in the same room. Rooms that would normally be used as a living room or a bedroom shall be regarded as sleeping accommodation. This test shall not apply to persons under ten years of age; and
XXII. "the Space Standard" means the standard which limits the number of people who can be resident/occupy a house. This number shall take into account the number and floor area of rooms available as sleeping accommodation in a house. Where a room is less than fifty square foot, it shall not be taken into account. Children who are one year of age but less than ten years of age shall only count as half a person for this standard. Children under the age of one shall not be taken into account.
B. Interpretations:
I. Words which import the neuter gender only shall include the masculine and feminine genders; words importing the masculine gender only shall include the feminine gender and vice versa.
II. 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 Sub-Tenant", or any variation thereof, obligations contained within this Agreement which are to be made by the Sub-Tenant shall be binding jointly and severally on them and their respective representatives and executors.
III. Words importing persons, where that person is not a Sub-Tenant, include companies and vice versa.
IV. 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.
V. Where any obligation placed on a Sub-Tenant under this Agreement provides for the Sub-Tenant 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 PREMISES
A. The Premises let under this Agreement are at the following location:
________
B. The Premises is a ________.
C. The Premises let does not feature any other areas or facilities which are not contained within the address of the Premises as stated within this Agreement.
D. During the period of this Agreement the Sub-Tenant shall not be permitted to use or enter the following areas/facilities:
________
E. The Premises shall be let in a furnished condition. The Sub-Tenant accepts that the Inventory and Record of Condition attached to this Agreement provides accurate and detailed account of the state and condition of the furniture and furnishings of the Premises at the start date of this Agreement.
F. The Premises is not a House in Multiple Occupation (HMO) and no more than two persons who come from different families may be resident in the Premises at one time.
4. START DATE OF SUB-LEASE
Under the terms of this Agreement, the start date of the sub-lease shall be: ________. This shall be the date from which the Sub-Tenant shall be permitted to be resident in the property, pursuant to the terms and conditions herein contained.
5. GUARANTOR
The Guarantor so named in this Agreement shall guarantee the payment of all rent and any other obligations under this Agreement, and any other relevant payments or costs which are due to the Landlord by the Sub-Tenant under this Agreement, and liability shall continue in respect of any payment due by the Sub-Tenant to the Landlord even after the termination of this Agreement or alteration to it.
6. USE AND OCCUPATION OF THE PREMISES
A. Under the terms and conditions herein contained, the Sub-Tenant agrees that they shall be resident in the Premises from the start date of this Agreement and that they shall occupy the Premises as their home.
B. At all times during the period of this Agreement, the Sub-Tenant and any and all persons connected to them shall be forbidden from carrying out any business, profession or trade from the Premises unless prior written permission has been granted by the Landlord.
C. Where the Sub-Tenant shall be absent from the property for a period exceeding fourteen days the Sub-Tenant is obligated to notify the Landlord of this and shall take all reasonable steps to ensure that the Premises is secure and to safeguard from frost or flooding or any other events which may cause damage to the Premises that can be reasonably prevented.
D. The Sub-Tenant shall be required to take the following steps before they are absent from the Premises for a period of 14 days or more:
________
7. RENT
A. Rent will be payable by the Sub-Tenant to the Landlord on a weekly basis.
B. The amount of Rent payable per week is £________ (________).
C. The Rent payable is inclusive of all reasonable charges for the supply of gas and electricity and any other fuel, energy or service supplied to the Premises approved by the Landlord, up to a maximum of £________ (________) per month, and in the event that the accounts for such services or supplies exceeds that figure the Sub-Tenant shall reimburse the Landlord for the excess.
D. A first advance payment of Rent shall be due from the Sub-Tenant on or before the start date of this Agreement. This advance payment shall be for the amount of £________ (________) and shall cover the period from ________ until ________. Thereafter, payments of Rent must be received weekly from the ________.
E. The method by which the Sub-Tenant should pay the Landlord is: ________. This shall be the standard and preferred method of payment under this Agreement. Rent may be paid using another method under reasonable circumstances and where the Sub-Tenant has received the permission of the Landlord for this prior to payment being made.
F. The Rent payable by the Sub-Tenant is exclusive of any extra costs for the maintenance and up-keep of the Premises.
G. Where the Sub-Tenant makes any payment of rent to the Landlord in cash, the Landlord shall provide the the Sub-Tenant with a rent receipt. This receipt shall state the amount that was paid and the amount of rent that is still due to the Landlord where there is any rent still outstanding.
H. Where the Landlord chooses to impose a rent increase, the Sub-Tenant shall be given a minimum of three months' notice before the new increase can take place. The Sub-Tenant shall be issued with a Rent-Increase Notice from the Landlord as prescribed in Schedule 2 of The Private Residential Tenancies (Prescribed Notices and Forms) (Scotland) Regulations 2017. The rent due shall never be increased more than once within a twelve month period. Where the Sub-Tenant considers the rent increase to be unreasonable, and the property is not situated in a Rent Pressure Zone, they shall be able to refer the rent increase to a rent officer for independent judgement. This must be done within twenty-one days of receiving a Rent-Increase Notice from the Landlord. The Sub-Tenant must notify the Landlord of their intention to refer the rent increase to a rent officer by completing and returning the third part of the Rent-Increase Notice to the Landlord. If the Sub-Tenant does not return part three of the Rent-Increase Notice, the rent increase shall apply from the date stated upon the Rent-Increase Notice.
8. DEPOSIT
A. The Sub-Tenant is required to pay a deposit of £________ (________), to the Landlord, on or before ________. The Sub-Tenant shall be provided with a receipt by the Landlord for the deposit paid. The deposit shall not be subject to any interest charges.
B. The Landlord shall lodge the deposit paid by the Sub-Tenant with an approved deposit scheme within thirty days of receipt of the deposit. The Sub-Tenant shall be provided with all relevant and necessary information concerning the tenancy deposit scheme used by the Landlord.
C. In the event that the Sub-Tenant fails to meet any cost or payment which is due to the Landlord under this Agreement, or so otherwise mutually agreed by the parties in writing, the Landlord shall apply for any reasonable costs to be deducted from the deposit which has been paid by the Sub-Tenant. This shall include but it is not limited to any situation where the Sub-Tenant 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 Sub-Tenant or persons connected to them.
D. Where at the termination of this Agreement all or some of the deposit remains, the Landlord shall request the deposit to be released by the tenancy deposit scheme and returned to the Sub-Tenant. Where the Sub-Tenant disputes the amount available the tenancy deposit scheme shall conduct dispute resolution.
E. In the event that the Sub-Tenant owes a sum more than what remains of the deposit at the termination of the Agreement, the Sub-Tenant shall remain liable to the Landlord for the outstanding amount. The Landlord shall be entitled to carry out legal action against the Sub-Tenant to recover the outstanding debt.
9. LOCAL AUTHORITY TAXES AND CHARGES
A. During the term of this Agreement the Sub-Tenant shall be responsible for paying any council tax and other associated charges with the Premises. The Sub-Tenant shall notify the local authority of this.
B. Where the Sub-Tenant is exempt from paying any council tax and other associated charges, the Sub-Tenant shall notify the local authority of this at the beginning of this Agreement.
10. SMOKING
The Sub-Tenant shall be forbidden to smoke or to permit visitors, or other persons resident with the Sub-Tenant, to smoke tobacco or any other substance in the Premises and any parts thereof.
11. CARE OF PREMISES
A. The Sub-Tenant agrees to take all reasonable care of the Premises and any common parts of which the Premises form part and in particular agrees to undertake the following obligations:
I. to keep the Premises aired and heated;
II. to be liable for the costs of any repairs due to damage or injury to any part of the Premises which has been sustained as a result of the fault or negligence of the Sub-Tenant or any persons connected to them;
III. to not keep or bring any hazardous or combustible goods or materials into the Premises or any parts thereof, notwithstanding the normal and safe use and storage of petroleum and gas for commonly used household goods and appliances;
IV. not to put any oil, grease or other damaging or corrosive material down drains, waste pipes or into any washing or sanitary appliances;
V. to keep the Premises and any parts thereof clean and in good working order and the fixtures and fittings and furniture in good condition;
VI. 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;
VII. to ensure all fixtures and fittings included within the Premises shall be kept in good condition to limit any possibility of damage therein;
VIII. 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;
IX. to prevent water pipes freezing in cold weather;
X. to avoid danger to the Premises and any parts therein or any neighbouring property by way of fire or flooding;
XI. to immediately notify the Landlord of any structural damage or defects in the Premises or any other part thereof;
XII. not to mistreat any furniture or furnishings provided for the use of the Sub-Tenant, or permit any person residing with them to mistreat any furniture or furnishings and, in the event of the latter occurring, to take such steps as are available to remove that person from the Premises;
XIII. to only keep any pets within the Premises when having obtained the Landlord'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 Premises or the fixtures and fittings and furniture or deterioration in the condition of any relevant common areas or nuisance to neighbours or others in the locality of the Premises;
XIV. not to make any alterations to the Premises, its fixtures or fittings, nor to carry out any external alterations without the prior written permission of the Landlord;
XV. to keep any area of garden in good order and to not cause damage to any part or parts of it;
XVI. to ensure that at the termination of this Agreement the Premises is cleaned to the highest standard and that any carpets, curtains and other similar fabrics are free from stains and soils which occurred during course of this Agreement;
XVII. not to tamper or interfere with any smoke detectors, carbon monoxide detectors, heat detectors or the fire alarm system;
XVIII. not to tamper or interfere with any locks or relevant door closing mechanisms included within the Premises.
12. LANDLORD ACCESS TO PREMISES
A. The Sub-Tenant agrees to allow the Landlord access to the Premises from time to time as is necessary. The Sub-Tenant shall be given no less than forty-eight hours notice of the Landlord's intention to visit. The Sub-Tenant must allow access for repairs which the Landlord is required to do under this Agreement, by the law, or by any other agreement between the parties. The Sub-Tenant must also allow any tradespersons, contractors or other persons hired by or relevantly connected to the Landlord, access to the Premises to carry out relevant repairs or any other work as is deemed necessary.
B. The Sub-Tenant must allow access to the Premises by the Landlord for inspections to ensure the Premises is being cared for properly under the terms of this Agreement. Inspections shall be carried out monthly. The first inspection shall happen on ________. Thereafter inspections shall take place every month subsequently. The Sub-Tenant shall be given forty-eight hours notice before every inspection and shall agree with the Landlord a suitable time for the inspections to take place for both parties.
C. In the event of an emergency, the Landlord reserves the right to effect forcible entry to the Premises where access is not made available by the Sub-Tenant or the Sub-Tenant is absent from the Premises. Where emergency access is required to the Premises the forty-eight hour notice period shall not be necessary.
D. Once the Sub-Tenant has given notice to the Landlord of their intention to terminate this Agreement, the Sub-Tenant shall permit prospective tenants to visit the Premises at reasonable times and to permit a "To Let" or "For Sale" board to be displayed at the Premises where required.
13. REPAIRS AND MAINTENANCE
A. The Sub-Tenant accepts the Premises as is in good tenantable order and condition.
B. Throughout the duration of this Agreement, the Landlord shall have the following responsibilities:
I. to maintain the Premises in a wind and watertight condition and in all other respects reasonably fit for human habitation and where the Sub-Tenant has caused any condition or defect which prevents the Premises from being in such condition the Sub-Tenant shall be liable to restore the Premises to such condition fit for human habitation;
II. to ensure the structure and exterior of the Premises is kept in good repair, provided the Landlord is able to secure the co-operation of any joint owner of the building or common parts thereof, including the drain, gutters, downpipes; the roof; the outside walls, doors, windowsills and window frames; the common stairway and common parts; the chimneys and chimney stacks; the pathways and other means of access; the plasterwork, and the boundary walls and fences;
III. to keep in repair and in proper working order all installations in the premises for the supply of water, gas, electricity, heating, water heating, and sanitation except where the working order of any installation has been caused by the Sub-Tenant or persons connected to them and this obligation shall include the upkeep and repair of any basins, sinks, baths, showers, toilets; fitted gas or electric fires and central heating systems; any cooking facilities and extractor fan; where any of these facilities are installed by the Sub-Tenant the Landlord shall not be responsible for their upkeep;
IV. to replace or repair any fixtures, fittings or furnishings supplied by the Landlord which have become defective in a reasonable timeframe and where any such defect has been caused by the Sub-Tenant the Sub-Tenant shall be responsible for any replacement or repairs.
C. The Sub-Tenant shall be obligated to notify the Landlord immediately of any need for repair to any part of the Premises and the Landlord undertakes, in a reasonable period of time after notification, to carry out all repairs for which he is responsible under this Agreement.
D. The Sub-Tenant agrees that they will be responsible for the cost of any repairs caused by their fault or negligence or the fault or negligence of any person residing with them or visiting them or any other person for who the Sub-Tenant is legally responsible for.
E. The Landlord shall carry out a relevant risk assessment at the beginning of this Agreement and throughout the remainder of this Agreement shall take all reasonable steps to assess the risk of exposure to legionella to safeguard the Sub-Tenant resident in the premises.
14. CONTENTS AND CONDITION
A. The Sub-Tenant undertakes and agrees that the Inventory and Record of Condition, attached to this Agreement as Schedule 1, that will be supplied to the Sub-Tenant no later than the start date of the tenancy on ________, is a complete and accurate reflection of the contents and condition of the contents contained within the Premises at the start date of the tenancy.
B. Upon receipt of the Inventory of Record and Condition, the Sub-Tenant shall have seven days from ________ to confirm that the Inventory is accurate and shall either:
A. notify the Landlord in writing of any discrepancies contained within the Inventory and Record of condition, which shall result in the discrepancies being amended; or
B. accept the findings of the Inventory and Record of condition by taking no action and after the seven day period has passed the Sub-Tenant will be deemed to be satisfied with the information contained within the inventory.
C. Where any of the contents of the Premises are destroyed, damaged, removed or lost during the tenancy the Sub-Tenant shall be liable for the cost of any replacement or repairs required where it is necessary due to the actions of the Sub-Tenant or any persons connected to the Sub-Tenant. Where replacement or repair is due to reasonable and expected wear and tear, the Sub-Tenant shall not be liable for any costs. Any items which must be replaced shall be replaced by items of an equivalent value and quality.
15. NOTICE OF OTHER RESIDENT PERSONS AND OVERCROWDING
A. The Sub-Tenant must notify the Landlord in writing of any person aged sixteen or over who is resident in the Premises, with the the Sub-Tenant, as their only or main home. The notice given to the Landlord must include details of the person's relationship to the Sub-Tenant and their name. In the event that the person leaves the Premises, the Sub-Tenant must notify the Landlord in writing as soon as possible. Where the Sub-Tenant does not notify the Landlord of any person who is resident in the Premises as their only or main home they shall be deemed to have breached this Agreement.
B. The Sub-Tenant shall ensure that any person who is resident with them in the Premises shall take reasonable care not to breach any part of this Agreement as if that person was a Sub-Tenant. Where such person is found to have breached any part of this Agreement the Sub-Tenant shall be held liable for that person's actions. The Sub-Tenant shall be held responsible for any costs incurred to repair, replace or renew any part of the Premises.
C. Where the Sub-Tenant allows a person to be resident in the Premises and the Premises becomes an unlicensed House in Multiple Occupation (HMO) as a result of the Premises being that person's main or only home, the Sub-Tenant shall be held liable for any reasonable costs or expenses incurred by the Landlord due to the Premises being deemed an unlicensed HMO.
D. Where the Sub-Tenant allows a number of people to live in the Premises and this results in the Premises being overcrowded the Sub-Tenant shall have breached the terms of this Agreement and the Landlord shall be entitled to take action to evict the Sub-Tenant due to such breach.
16. RESPECT FOR OTHERS
The Sub-Tenant shall refrain from engaging in antisocial behaviour and conduct while they are resident in the Premises and any part thereof. Where the Sub-Tenant has any persons resident with them or any visitors to the Premises, the Sub-Tenant shall be responsible for ensuring that these persons do not engage in antisocial behaviour while on the Premises and any part thereof. In particular the Sub-Tenant and any persons connected to them must not engage in any antisocial behaviour towards anyone present in the Premises, a neighbour, the Landlord, agent, contractor and any other persons. Where the Sub-Tenant is found to have engaged in antisocial behaviour, this shall be a ground for termination of this Agreement.
17. TERMINATION OF AGREEMENT AND RECOVERY OF POSSESSION
A. The Sub-Tenant may terminate this Agreement by giving written notice to the Landlord with at least twenty-eight days notice to terminate the tenancy. Where the Landlord and Sub-Tenant have agreed to waive the twenty-eight day notice period, the Agreement may end at an earlier date. This Agreement must be given in writing. The Agreement shall end on the date specified in the notice given by the Sub-Tenant or at the earlier date agreed to by the parties. Where this Agreement is a joint sub-lease, all Joint Sub-Tenants must agree to end the Agreement and one Joint Sub-Tenant will not be able to terminate the Agreement on behalf of all Joint Sub-Tenants.
B.The Landlord may terminate this Agreement by giving notice in writing to the Sub-Tenant. This will only be possible where the Landlord can use one of the eighteen relevant eviction grounds as set out in Schedule Three of the Act. Where the Landlord serves notice on the Sub-Tenant, they can do this by:
I. serving the Sub-Tenant with a Notice to Leave stating the relevant ground or grounds for eviction and the Sub-Tenant shall then choose to leave, thereby terminating the Agreement and the sub-lease will end, depending on which date is later, either on the date specified in the Notice to Leave or on the day on which the Sub-Tenant vacates the Premises; or
II. serving the Sub-Tenant with a Notice to Leave stating the relevant ground or grounds for eviction and, where the Sub-Tenant chooses not to leave on the day after the expiry of the notice period, obtaining an order for eviction from the Tribunal on the relevant eviction ground or grounds stated in the Notice to Leave. The Agreement will then come to an end on the date contained within the eviction order.
C. Where this Agreement is terminated by the Landlord issuing notice to the Sub-Tenant, the Landlord must be able to provide sufficient justification as to why one of the eighteen grounds of eviction are applicable. In the event that the Landlord seeks an eviction order from the Tribunal the Landlord must be able to provide evidence to support any of the eviction grounds being used.
D. The Landlord shall give the Sub-Tenant at least twenty-eight days notice where the Sub-Tenant has occupied the Premises for six months or less at the serving of the Notice to Leave or where one or more of the following eviction grounds are applicable:
I. the Sub-Tenant is not occupying the Premises as their only principal home;
II. the Sub-Tenant is in arrears for rent payments for three or more consecutive months;
III. the Sub-Tenant has breached any part of this Agreement;
IV. the Sub-Tenant has engaged in antisocial behaviour;
V. the Sub-Tenant has associated with a person who has a relevant conviction or who has engaged in antisocial behaviour;
VI. the Sub-Tenant has a relevant criminal conviction.
E. The Landlord shall give the Sub-Tenant at least eighty-four days notice where the Sub-Tenant has occupied the Premises for over six months or more and the Notice to Leave does not solely rely on one or more of the eviction grounds stated in the above paragraph.
F. The Landlord shall seek repossession of the Premises through lawful means only that are compliant with all relevant legislation and regulations concerning Private Residential Tenancies.
G. At the termination of this Agreement, the Sub-Tenant shall remove all of their belongings from the Premises. The Sub-Tenant's belongings shall include but is not limited to any personal effects, foodstuffs and consumables, belongings and any other contents that have been brought into the Premises by the Sub-Tenant or persons connected to them. Where the Sub-Tenant fails to remove any of their belongings from the Premises at the end of the Agreement, they shall be liable for any costs incurred by the Landlord to remove any of the Sub-Tenant's belongings from the Premises.
18. ASSIGNATION AND SUB-LETTING
Where the Sub-Tenant has not been provided with written permission by the Landlord, they shall be forbidden from: subletting the Premises or any part thereof; assigning their rights under this Agreement in the Premises to another person; take in a lodger or any other persons unnamed in this Agreement; or assign any part of the Premises or give up possession of the Premises to any other person. The Sub-Tenant accepts that any approval of the Landlord is conditional upon the Landlord obtaining further approval from the Initial Landlord.
19. INSURANCE
A. The Landlord warrants that at all times during the operation of this Agreement the Premises and all parts thereof shall be insured and kept insured against the normal insurable 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 Sub-Tenant stating the parts of the Premises so insured and the date to which the premiums have been paid.
B. The Sub-Tenant shall be responsible for the insurance of any or all of their belongings which are present in the Premises. The Landlord shall have no obligation to insure the contents on the Premises where those contents are the property of the Sub-Tenant.
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22. GOVERNING LAW
This Agreement shall be interpreted and construed in accordance with the Law of Scotland and any dispute, difference or question of any kind which shall or may arise between the parties of this Agreement shall be determined in accordance with the Law of Scotland.
23. DECLARATIONS
A. This Sub-Lease Agreement shall be a Private Residential Tenancy as defined under section 1 of the Act.
B. The Landlord declares and confirms that they have lawfully gained possession of the Premises from the Initial Landlord as a tenant and that the Initial Landlord has granted their permission for the Premises to be sub-let by the Landlord under this Agreement.
C. In signing this Agreement and taking entry to the Premises the Sub-Tenant:
I. declares and confirms to have made a full and true disclosure of all the information sought by the Landlord in connection with the granting of this tenancy;
II. confirms not to have knowingly or carelessly made any misleading or false statements, whether written or oral, which might affect the Landlord's decision to grant this tenancy to the Sub-Tenant; and
III. confirms to have read and understood the terms of this Agreement including the accompanying legal commentary.
To signify their intention to be bound by the terms of this Agreement the parties have signed it as follows:
__________________________________
Signature of ________
__________________________________
Date
__________________________________
Signature of ________
__________________________________
Date
__________________________________
Signature of ________
__________________________________
Date
RESIDENTIAL SUB-LEASE AGREEMENT
SCHEDULE 1
Inventory and Record of Condition
The following information details the furniture and fittings and their condition in the Premises at the start date of the Agreement. This inventory pertains to the Premises at:
________
The Parties/signatories to this Agreement are advised that signature of this document will have legal consequences. Where either Party is unsure or does not understand the legal obligations and responsibilities placed upon them under this Agreement, they are advised to seek legal advice before signing.
RESIDENTIAL SUB-LEASE AGREEMENT
for the Private Rental Sector in Scotland
This AGREEMENT is created on: ________
1. PARTIES
A. Sub-Tenant:
________ of:
________
(hereafter "the Sub-Tenant")
B. Landlord:
________ of:
________
(hereafter "the Landlord")
C. Guarantor:
________ of:
________
The parties have AGREED AND DO HEREBY AGREE as follows:
2. DEFINITIONS AND INTERPRETATIONS
A Definitions:
I. "Agreement" means these presents and all documents supplementary hereto or contained herein;
II. "assignation" means where a Sub-Tenant transfers his or her property rights under this Agreement to another person, subject to having obtained the prior written permission of the Landlord;
III. "the Act" means the Private Housing (Tenancies) (Scotland) Act 2016;
IV. "common parts" means the common areas and parts of the Premises, rights of access and other/any common facilities within or used in connection with the Premises, including the structure and exterior of the building which includes the premises, which may or may not be in the possession of the Landlord;
V. "data protection laws" means the relevant laws, statutes, legislation, orders, regulations or any other relevant rules which may be applicable to the processing of personal data to which a party to this Agreement is subject including the GDPR and the Data Protection Act 2018 and any modification thereof;
VI. "eviction ground" means the grounds stated in schedule 3 of the Private Housing (Tenancies) (Scotland) Act 2016 (the Act);
VII. "eviction order" means an order that brings a this Agreement to an end on a specified date issued by the First-tier Tribunal for Scotland Housing and Property Chamber ("the Tribunal");
VIII. "guarantor" a third party, requested by the Landlord and specified herein, who shall meet any obligation and pay any rent in arrears where the Sub-Tenant fails to do so. The guarantor can have legal action taken against them by the Landlord to recover any rent not paid by the Sub-Tenant or any obligation not met by the Sub-Tenant under this Agreement;
IX. "House in Multiple Occupation" or "HMO" means a property that is occupied by three of more adults, above the age of 16, who are from different families and the property is their main/only place of residence. The property must be a house, premises or group of premises with shared amenities as set out in section 125 of the Housing (Scotland) Act 2006;
X. "the Initial Landlord" means any person or persons, and any and all persons deriving title from them, from whom the Landlord gained lawful possession of the Premises and has given their permission for the Landlord to sub-let the Premises under the relevant tenancy agreement between the Landlord and the Initial Landlord;
XI. "jointly and severally liable" means that where there is more than one Sub-Tenant, each Sub-Tenant shall be fully and jointly liable for the obligations of all other Sub-Tenants as set out under this Agreement. Where there is more than one Landlord, each Landlord shall be fully liable for the obligations of the other Landlord(s) to the Sub-Tenants as set out under this Agreement;
XII. "Landlord" 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;
XIII. "overcrowding" means where the Premises fails either The Room Standard and/or The Space Standard tests as set out below;
XIV. "rent" means the amount payable by the Sub-Tenant to the Landlord as set out under this Agreement. This includes any sums due in relation to any insurance, repairs, maintenance or services;
XV. "Rent-increase notice" means the prescribed notice that must be used by the Landlord to notify the Sub-Tenant of an intended rent increase under a Private Residential Tenancy Agreement such as this one;
XVI. "a rent officer" means an appointed, independent officer by law to decide the amount of rent payable under a Private Residential Tenancy Agreement such as this one;
XVII. "rent pressure zone" means a designated area where the relevant Scottish Ministers have implemented a cap on the amount that rent can be increased annually for existing tenancies;
XVIII. "statutory terms" means the terms which are applicable to all Private Residential Tenancy Agreements under the Act;
XIX. "Sub-Tenant" means the Sub-Tenant 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 Sub-Tenant;
XX. "the Tribunal" means the relevant body for dealing with disputes arising from this Agreement, namely the First-tier Tribunal for Scotland Housing and Property Chamber;
XXI. "the Room Standard" means the standard applicable to test overcrowding and this standard will be breached where two persons of the opposite sexes, who are not spouses, have to sleep in the same room. Rooms that would normally be used as a living room or a bedroom shall be regarded as sleeping accommodation. This test shall not apply to persons under ten years of age; and
XXII. "the Space Standard" means the standard which limits the number of people who can be resident/occupy a house. This number shall take into account the number and floor area of rooms available as sleeping accommodation in a house. Where a room is less than fifty square foot, it shall not be taken into account. Children who are one year of age but less than ten years of age shall only count as half a person for this standard. Children under the age of one shall not be taken into account.
B. Interpretations:
I. Words which import the neuter gender only shall include the masculine and feminine genders; words importing the masculine gender only shall include the feminine gender and vice versa.
II. 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 Sub-Tenant", or any variation thereof, obligations contained within this Agreement which are to be made by the Sub-Tenant shall be binding jointly and severally on them and their respective representatives and executors.
III. Words importing persons, where that person is not a Sub-Tenant, include companies and vice versa.
IV. 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.
V. Where any obligation placed on a Sub-Tenant under this Agreement provides for the Sub-Tenant 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 PREMISES
A. The Premises let under this Agreement are at the following location:
________
B. The Premises is a ________.
C. The Premises let does not feature any other areas or facilities which are not contained within the address of the Premises as stated within this Agreement.
D. During the period of this Agreement the Sub-Tenant shall not be permitted to use or enter the following areas/facilities:
________
E. The Premises shall be let in a furnished condition. The Sub-Tenant accepts that the Inventory and Record of Condition attached to this Agreement provides accurate and detailed account of the state and condition of the furniture and furnishings of the Premises at the start date of this Agreement.
F. The Premises is not a House in Multiple Occupation (HMO) and no more than two persons who come from different families may be resident in the Premises at one time.
4. START DATE OF SUB-LEASE
Under the terms of this Agreement, the start date of the sub-lease shall be: ________. This shall be the date from which the Sub-Tenant shall be permitted to be resident in the property, pursuant to the terms and conditions herein contained.
5. GUARANTOR
The Guarantor so named in this Agreement shall guarantee the payment of all rent and any other obligations under this Agreement, and any other relevant payments or costs which are due to the Landlord by the Sub-Tenant under this Agreement, and liability shall continue in respect of any payment due by the Sub-Tenant to the Landlord even after the termination of this Agreement or alteration to it.
6. USE AND OCCUPATION OF THE PREMISES
A. Under the terms and conditions herein contained, the Sub-Tenant agrees that they shall be resident in the Premises from the start date of this Agreement and that they shall occupy the Premises as their home.
B. At all times during the period of this Agreement, the Sub-Tenant and any and all persons connected to them shall be forbidden from carrying out any business, profession or trade from the Premises unless prior written permission has been granted by the Landlord.
C. Where the Sub-Tenant shall be absent from the property for a period exceeding fourteen days the Sub-Tenant is obligated to notify the Landlord of this and shall take all reasonable steps to ensure that the Premises is secure and to safeguard from frost or flooding or any other events which may cause damage to the Premises that can be reasonably prevented.
D. The Sub-Tenant shall be required to take the following steps before they are absent from the Premises for a period of 14 days or more:
________
7. RENT
A. Rent will be payable by the Sub-Tenant to the Landlord on a weekly basis.
B. The amount of Rent payable per week is £________ (________).
C. The Rent payable is inclusive of all reasonable charges for the supply of gas and electricity and any other fuel, energy or service supplied to the Premises approved by the Landlord, up to a maximum of £________ (________) per month, and in the event that the accounts for such services or supplies exceeds that figure the Sub-Tenant shall reimburse the Landlord for the excess.
D. A first advance payment of Rent shall be due from the Sub-Tenant on or before the start date of this Agreement. This advance payment shall be for the amount of £________ (________) and shall cover the period from ________ until ________. Thereafter, payments of Rent must be received weekly from the ________.
E. The method by which the Sub-Tenant should pay the Landlord is: ________. This shall be the standard and preferred method of payment under this Agreement. Rent may be paid using another method under reasonable circumstances and where the Sub-Tenant has received the permission of the Landlord for this prior to payment being made.
F. The Rent payable by the Sub-Tenant is exclusive of any extra costs for the maintenance and up-keep of the Premises.
G. Where the Sub-Tenant makes any payment of rent to the Landlord in cash, the Landlord shall provide the the Sub-Tenant with a rent receipt. This receipt shall state the amount that was paid and the amount of rent that is still due to the Landlord where there is any rent still outstanding.
H. Where the Landlord chooses to impose a rent increase, the Sub-Tenant shall be given a minimum of three months' notice before the new increase can take place. The Sub-Tenant shall be issued with a Rent-Increase Notice from the Landlord as prescribed in Schedule 2 of The Private Residential Tenancies (Prescribed Notices and Forms) (Scotland) Regulations 2017. The rent due shall never be increased more than once within a twelve month period. Where the Sub-Tenant considers the rent increase to be unreasonable, and the property is not situated in a Rent Pressure Zone, they shall be able to refer the rent increase to a rent officer for independent judgement. This must be done within twenty-one days of receiving a Rent-Increase Notice from the Landlord. The Sub-Tenant must notify the Landlord of their intention to refer the rent increase to a rent officer by completing and returning the third part of the Rent-Increase Notice to the Landlord. If the Sub-Tenant does not return part three of the Rent-Increase Notice, the rent increase shall apply from the date stated upon the Rent-Increase Notice.
8. DEPOSIT
A. The Sub-Tenant is required to pay a deposit of £________ (________), to the Landlord, on or before ________. The Sub-Tenant shall be provided with a receipt by the Landlord for the deposit paid. The deposit shall not be subject to any interest charges.
B. The Landlord shall lodge the deposit paid by the Sub-Tenant with an approved deposit scheme within thirty days of receipt of the deposit. The Sub-Tenant shall be provided with all relevant and necessary information concerning the tenancy deposit scheme used by the Landlord.
C. In the event that the Sub-Tenant fails to meet any cost or payment which is due to the Landlord under this Agreement, or so otherwise mutually agreed by the parties in writing, the Landlord shall apply for any reasonable costs to be deducted from the deposit which has been paid by the Sub-Tenant. This shall include but it is not limited to any situation where the Sub-Tenant 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 Sub-Tenant or persons connected to them.
D. Where at the termination of this Agreement all or some of the deposit remains, the Landlord shall request the deposit to be released by the tenancy deposit scheme and returned to the Sub-Tenant. Where the Sub-Tenant disputes the amount available the tenancy deposit scheme shall conduct dispute resolution.
E. In the event that the Sub-Tenant owes a sum more than what remains of the deposit at the termination of the Agreement, the Sub-Tenant shall remain liable to the Landlord for the outstanding amount. The Landlord shall be entitled to carry out legal action against the Sub-Tenant to recover the outstanding debt.
9. LOCAL AUTHORITY TAXES AND CHARGES
A. During the term of this Agreement the Sub-Tenant shall be responsible for paying any council tax and other associated charges with the Premises. The Sub-Tenant shall notify the local authority of this.
B. Where the Sub-Tenant is exempt from paying any council tax and other associated charges, the Sub-Tenant shall notify the local authority of this at the beginning of this Agreement.
10. SMOKING
The Sub-Tenant shall be forbidden to smoke or to permit visitors, or other persons resident with the Sub-Tenant, to smoke tobacco or any other substance in the Premises and any parts thereof.
11. CARE OF PREMISES
A. The Sub-Tenant agrees to take all reasonable care of the Premises and any common parts of which the Premises form part and in particular agrees to undertake the following obligations:
I. to keep the Premises aired and heated;
II. to be liable for the costs of any repairs due to damage or injury to any part of the Premises which has been sustained as a result of the fault or negligence of the Sub-Tenant or any persons connected to them;
III. to not keep or bring any hazardous or combustible goods or materials into the Premises or any parts thereof, notwithstanding the normal and safe use and storage of petroleum and gas for commonly used household goods and appliances;
IV. not to put any oil, grease or other damaging or corrosive material down drains, waste pipes or into any washing or sanitary appliances;
V. to keep the Premises and any parts thereof clean and in good working order and the fixtures and fittings and furniture in good condition;
VI. 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;
VII. to ensure all fixtures and fittings included within the Premises shall be kept in good condition to limit any possibility of damage therein;
VIII. 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;
IX. to prevent water pipes freezing in cold weather;
X. to avoid danger to the Premises and any parts therein or any neighbouring property by way of fire or flooding;
XI. to immediately notify the Landlord of any structural damage or defects in the Premises or any other part thereof;
XII. not to mistreat any furniture or furnishings provided for the use of the Sub-Tenant, or permit any person residing with them to mistreat any furniture or furnishings and, in the event of the latter occurring, to take such steps as are available to remove that person from the Premises;
XIII. to only keep any pets within the Premises when having obtained the Landlord'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 Premises or the fixtures and fittings and furniture or deterioration in the condition of any relevant common areas or nuisance to neighbours or others in the locality of the Premises;
XIV. not to make any alterations to the Premises, its fixtures or fittings, nor to carry out any external alterations without the prior written permission of the Landlord;
XV. to keep any area of garden in good order and to not cause damage to any part or parts of it;
XVI. to ensure that at the termination of this Agreement the Premises is cleaned to the highest standard and that any carpets, curtains and other similar fabrics are free from stains and soils which occurred during course of this Agreement;
XVII. not to tamper or interfere with any smoke detectors, carbon monoxide detectors, heat detectors or the fire alarm system;
XVIII. not to tamper or interfere with any locks or relevant door closing mechanisms included within the Premises.
12. LANDLORD ACCESS TO PREMISES
A. The Sub-Tenant agrees to allow the Landlord access to the Premises from time to time as is necessary. The Sub-Tenant shall be given no less than forty-eight hours notice of the Landlord's intention to visit. The Sub-Tenant must allow access for repairs which the Landlord is required to do under this Agreement, by the law, or by any other agreement between the parties. The Sub-Tenant must also allow any tradespersons, contractors or other persons hired by or relevantly connected to the Landlord, access to the Premises to carry out relevant repairs or any other work as is deemed necessary.
B. The Sub-Tenant must allow access to the Premises by the Landlord for inspections to ensure the Premises is being cared for properly under the terms of this Agreement. Inspections shall be carried out monthly. The first inspection shall happen on ________. Thereafter inspections shall take place every month subsequently. The Sub-Tenant shall be given forty-eight hours notice before every inspection and shall agree with the Landlord a suitable time for the inspections to take place for both parties.
C. In the event of an emergency, the Landlord reserves the right to effect forcible entry to the Premises where access is not made available by the Sub-Tenant or the Sub-Tenant is absent from the Premises. Where emergency access is required to the Premises the forty-eight hour notice period shall not be necessary.
D. Once the Sub-Tenant has given notice to the Landlord of their intention to terminate this Agreement, the Sub-Tenant shall permit prospective tenants to visit the Premises at reasonable times and to permit a "To Let" or "For Sale" board to be displayed at the Premises where required.
13. REPAIRS AND MAINTENANCE
A. The Sub-Tenant accepts the Premises as is in good tenantable order and condition.
B. Throughout the duration of this Agreement, the Landlord shall have the following responsibilities:
I. to maintain the Premises in a wind and watertight condition and in all other respects reasonably fit for human habitation and where the Sub-Tenant has caused any condition or defect which prevents the Premises from being in such condition the Sub-Tenant shall be liable to restore the Premises to such condition fit for human habitation;
II. to ensure the structure and exterior of the Premises is kept in good repair, provided the Landlord is able to secure the co-operation of any joint owner of the building or common parts thereof, including the drain, gutters, downpipes; the roof; the outside walls, doors, windowsills and window frames; the common stairway and common parts; the chimneys and chimney stacks; the pathways and other means of access; the plasterwork, and the boundary walls and fences;
III. to keep in repair and in proper working order all installations in the premises for the supply of water, gas, electricity, heating, water heating, and sanitation except where the working order of any installation has been caused by the Sub-Tenant or persons connected to them and this obligation shall include the upkeep and repair of any basins, sinks, baths, showers, toilets; fitted gas or electric fires and central heating systems; any cooking facilities and extractor fan; where any of these facilities are installed by the Sub-Tenant the Landlord shall not be responsible for their upkeep;
IV. to replace or repair any fixtures, fittings or furnishings supplied by the Landlord which have become defective in a reasonable timeframe and where any such defect has been caused by the Sub-Tenant the Sub-Tenant shall be responsible for any replacement or repairs.
C. The Sub-Tenant shall be obligated to notify the Landlord immediately of any need for repair to any part of the Premises and the Landlord undertakes, in a reasonable period of time after notification, to carry out all repairs for which he is responsible under this Agreement.
D. The Sub-Tenant agrees that they will be responsible for the cost of any repairs caused by their fault or negligence or the fault or negligence of any person residing with them or visiting them or any other person for who the Sub-Tenant is legally responsible for.
E. The Landlord shall carry out a relevant risk assessment at the beginning of this Agreement and throughout the remainder of this Agreement shall take all reasonable steps to assess the risk of exposure to legionella to safeguard the Sub-Tenant resident in the premises.
14. CONTENTS AND CONDITION
A. The Sub-Tenant undertakes and agrees that the Inventory and Record of Condition, attached to this Agreement as Schedule 1, that will be supplied to the Sub-Tenant no later than the start date of the tenancy on ________, is a complete and accurate reflection of the contents and condition of the contents contained within the Premises at the start date of the tenancy.
B. Upon receipt of the Inventory of Record and Condition, the Sub-Tenant shall have seven days from ________ to confirm that the Inventory is accurate and shall either:
A. notify the Landlord in writing of any discrepancies contained within the Inventory and Record of condition, which shall result in the discrepancies being amended; or
B. accept the findings of the Inventory and Record of condition by taking no action and after the seven day period has passed the Sub-Tenant will be deemed to be satisfied with the information contained within the inventory.
C. Where any of the contents of the Premises are destroyed, damaged, removed or lost during the tenancy the Sub-Tenant shall be liable for the cost of any replacement or repairs required where it is necessary due to the actions of the Sub-Tenant or any persons connected to the Sub-Tenant. Where replacement or repair is due to reasonable and expected wear and tear, the Sub-Tenant shall not be liable for any costs. Any items which must be replaced shall be replaced by items of an equivalent value and quality.
15. NOTICE OF OTHER RESIDENT PERSONS AND OVERCROWDING
A. The Sub-Tenant must notify the Landlord in writing of any person aged sixteen or over who is resident in the Premises, with the the Sub-Tenant, as their only or main home. The notice given to the Landlord must include details of the person's relationship to the Sub-Tenant and their name. In the event that the person leaves the Premises, the Sub-Tenant must notify the Landlord in writing as soon as possible. Where the Sub-Tenant does not notify the Landlord of any person who is resident in the Premises as their only or main home they shall be deemed to have breached this Agreement.
B. The Sub-Tenant shall ensure that any person who is resident with them in the Premises shall take reasonable care not to breach any part of this Agreement as if that person was a Sub-Tenant. Where such person is found to have breached any part of this Agreement the Sub-Tenant shall be held liable for that person's actions. The Sub-Tenant shall be held responsible for any costs incurred to repair, replace or renew any part of the Premises.
C. Where the Sub-Tenant allows a person to be resident in the Premises and the Premises becomes an unlicensed House in Multiple Occupation (HMO) as a result of the Premises being that person's main or only home, the Sub-Tenant shall be held liable for any reasonable costs or expenses incurred by the Landlord due to the Premises being deemed an unlicensed HMO.
D. Where the Sub-Tenant allows a number of people to live in the Premises and this results in the Premises being overcrowded the Sub-Tenant shall have breached the terms of this Agreement and the Landlord shall be entitled to take action to evict the Sub-Tenant due to such breach.
16. RESPECT FOR OTHERS
The Sub-Tenant shall refrain from engaging in antisocial behaviour and conduct while they are resident in the Premises and any part thereof. Where the Sub-Tenant has any persons resident with them or any visitors to the Premises, the Sub-Tenant shall be responsible for ensuring that these persons do not engage in antisocial behaviour while on the Premises and any part thereof. In particular the Sub-Tenant and any persons connected to them must not engage in any antisocial behaviour towards anyone present in the Premises, a neighbour, the Landlord, agent, contractor and any other persons. Where the Sub-Tenant is found to have engaged in antisocial behaviour, this shall be a ground for termination of this Agreement.
17. TERMINATION OF AGREEMENT AND RECOVERY OF POSSESSION
A. The Sub-Tenant may terminate this Agreement by giving written notice to the Landlord with at least twenty-eight days notice to terminate the tenancy. Where the Landlord and Sub-Tenant have agreed to waive the twenty-eight day notice period, the Agreement may end at an earlier date. This Agreement must be given in writing. The Agreement shall end on the date specified in the notice given by the Sub-Tenant or at the earlier date agreed to by the parties. Where this Agreement is a joint sub-lease, all Joint Sub-Tenants must agree to end the Agreement and one Joint Sub-Tenant will not be able to terminate the Agreement on behalf of all Joint Sub-Tenants.
B.The Landlord may terminate this Agreement by giving notice in writing to the Sub-Tenant. This will only be possible where the Landlord can use one of the eighteen relevant eviction grounds as set out in Schedule Three of the Act. Where the Landlord serves notice on the Sub-Tenant, they can do this by:
I. serving the Sub-Tenant with a Notice to Leave stating the relevant ground or grounds for eviction and the Sub-Tenant shall then choose to leave, thereby terminating the Agreement and the sub-lease will end, depending on which date is later, either on the date specified in the Notice to Leave or on the day on which the Sub-Tenant vacates the Premises; or
II. serving the Sub-Tenant with a Notice to Leave stating the relevant ground or grounds for eviction and, where the Sub-Tenant chooses not to leave on the day after the expiry of the notice period, obtaining an order for eviction from the Tribunal on the relevant eviction ground or grounds stated in the Notice to Leave. The Agreement will then come to an end on the date contained within the eviction order.
C. Where this Agreement is terminated by the Landlord issuing notice to the Sub-Tenant, the Landlord must be able to provide sufficient justification as to why one of the eighteen grounds of eviction are applicable. In the event that the Landlord seeks an eviction order from the Tribunal the Landlord must be able to provide evidence to support any of the eviction grounds being used.
D. The Landlord shall give the Sub-Tenant at least twenty-eight days notice where the Sub-Tenant has occupied the Premises for six months or less at the serving of the Notice to Leave or where one or more of the following eviction grounds are applicable:
I. the Sub-Tenant is not occupying the Premises as their only principal home;
II. the Sub-Tenant is in arrears for rent payments for three or more consecutive months;
III. the Sub-Tenant has breached any part of this Agreement;
IV. the Sub-Tenant has engaged in antisocial behaviour;
V. the Sub-Tenant has associated with a person who has a relevant conviction or who has engaged in antisocial behaviour;
VI. the Sub-Tenant has a relevant criminal conviction.
E. The Landlord shall give the Sub-Tenant at least eighty-four days notice where the Sub-Tenant has occupied the Premises for over six months or more and the Notice to Leave does not solely rely on one or more of the eviction grounds stated in the above paragraph.
F. The Landlord shall seek repossession of the Premises through lawful means only that are compliant with all relevant legislation and regulations concerning Private Residential Tenancies.
G. At the termination of this Agreement, the Sub-Tenant shall remove all of their belongings from the Premises. The Sub-Tenant's belongings shall include but is not limited to any personal effects, foodstuffs and consumables, belongings and any other contents that have been brought into the Premises by the Sub-Tenant or persons connected to them. Where the Sub-Tenant fails to remove any of their belongings from the Premises at the end of the Agreement, they shall be liable for any costs incurred by the Landlord to remove any of the Sub-Tenant's belongings from the Premises.
18. ASSIGNATION AND SUB-LETTING
Where the Sub-Tenant has not been provided with written permission by the Landlord, they shall be forbidden from: subletting the Premises or any part thereof; assigning their rights under this Agreement in the Premises to another person; take in a lodger or any other persons unnamed in this Agreement; or assign any part of the Premises or give up possession of the Premises to any other person. The Sub-Tenant accepts that any approval of the Landlord is conditional upon the Landlord obtaining further approval from the Initial Landlord.
19. INSURANCE
A. The Landlord warrants that at all times during the operation of this Agreement the Premises and all parts thereof shall be insured and kept insured against the normal insurable 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 Sub-Tenant stating the parts of the Premises so insured and the date to which the premiums have been paid.
B. The Sub-Tenant shall be responsible for the insurance of any or all of their belongings which are present in the Premises. The Landlord shall have no obligation to insure the contents on the Premises where those contents are the property of the Sub-Tenant.
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22. GOVERNING LAW
This Agreement shall be interpreted and construed in accordance with the Law of Scotland and any dispute, difference or question of any kind which shall or may arise between the parties of this Agreement shall be determined in accordance with the Law of Scotland.
23. DECLARATIONS
A. This Sub-Lease Agreement shall be a Private Residential Tenancy as defined under section 1 of the Act.
B. The Landlord declares and confirms that they have lawfully gained possession of the Premises from the Initial Landlord as a tenant and that the Initial Landlord has granted their permission for the Premises to be sub-let by the Landlord under this Agreement.
C. In signing this Agreement and taking entry to the Premises the Sub-Tenant:
I. declares and confirms to have made a full and true disclosure of all the information sought by the Landlord in connection with the granting of this tenancy;
II. confirms not to have knowingly or carelessly made any misleading or false statements, whether written or oral, which might affect the Landlord's decision to grant this tenancy to the Sub-Tenant; and
III. confirms to have read and understood the terms of this Agreement including the accompanying legal commentary.
To signify their intention to be bound by the terms of this Agreement the parties have signed it as follows:
__________________________________
Signature of ________
__________________________________
Date
__________________________________
Signature of ________
__________________________________
Date
__________________________________
Signature of ________
__________________________________
Date
RESIDENTIAL SUB-LEASE AGREEMENT
SCHEDULE 1
Inventory and Record of Condition
The following information details the furniture and fittings and their condition in the Premises at the start date of the Agreement. This inventory pertains to the Premises at:
________
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