What Is a Sublease Agreement?
A sublease agreement is a legal contract that allows you, as an existing tenant, to rent out all or part of your rented property to another person, known as the subtenant.
This arrangement can occur for the full duration of your lease or just a portion of it.
Unlike assigning a lease, you remain responsible to your original landlord while the subtenant pays rent directly to you.
The original lease between you and your landlord stays in effect.
Example of a sublease arrangement:
- You rent a two-bedroom flat for one year.
- Midway through, you need to travel for work abroad.
- You find someone to live in your room for three months, and you sign a sublease agreement with them.
A typical sublease agreement will include:
Key Elements
Description
Parties Involved
Names of the original tenant and the subtenant
Property Address
The exact location of the premises being sublet
Term of Sublease
Specific start and end dates for the sublease period
Rent Amount
How much the subtenant will pay and how often
Responsibilities
Maintenance, utilities, and other obligations
You still have an ongoing relationship with your landlord under the original lease, so you are usually responsible if the subtenant damages the property or misses rent.
A subletting agreement helps clarify each party’s duties and reduces the risk of misunderstandings.
When Is a Sublease Agreement Needed?
You need a sub-tenancy agreement if you want to rent out your flat or a part of it to another person while your own lease is still active.
This can occur if you need to relocate temporarily but wish to keep your tenancy.
A sublease agreement (or sublease contract) is also necessary when your lease doesn’t allow others to live with you without the landlord’s consent.
If your tenancy is open-ended or your contract is unclear, always secure written approval from your landlord before subletting.
Common situations where a sublease agreement is required include:
- You’re moving away for work or study, but plan to return
- You want to rent out a spare room to help with bills
- Your lease specifically mentions that permission is needed for subletting
Situation
Is a Sublease Agreement Needed?
Renting out the entire home temporarily
Yes
Renting out a single room to someone else
Yes
Sharing with a friend without landlord's OK
Yes
Always use a sublease agreement when your head lease or landlord requires it, or when you want to set clear terms with the new occupier.
Failing to have a proper agreement can lead to disputes or potential eviction.
How to Write a Sublease Agreement
It’s essential to have a sublease agreement for the UK for legal protection, to prevent disputes, and to clearly outline responsibilities. You can write one by following these steps and using a sublet contract template for the UK to help you.
Step 1: Start With Basic Information About the Parties
Begin the document by identifying the key parties involved.
Include the full legal names and contact information of both the original tenant (sublessor) and the new tenant (sublessee).
Also include the name of the original landlord if necessary.
Clarify the relationship between the parties and specify that the sublessor is leasing the premises to the sublessee under the terms of an existing lease agreement.
Step 2: Describe the Property Being Subleased
Next, clearly identify the property that is the subject of the sublease.
Include the full address of the premises, any unit or apartment numbers, and a description if only part of the property is being subleased.
Be specific to avoid confusion or disputes about which areas are included.
If only a room or section of the property is being sublet, note whether shared spaces, such as kitchens or bathrooms, are included.
Step 3: Specify the Term of the Sublease
Define the duration of the sublease, including the start and end dates.
Make sure this term does not exceed the original lease agreement’s timeline.
Mention any conditions related to extending or renewing the sublease and whether early termination is allowed.
Include any rules about notice periods for ending the agreement early.
Step 4: Detail the Rent and Payment Terms
State the agreed-upon rent amount the sublessee will pay and how often it is due (e.g., monthly).
Mention the acceptable payment methods, the due date each month, and where or how payment should be made.
Indicate whether utilities, internet, or other costs are included in the rent or paid separately.
Clarify whether a security deposit is required, and if so, how much it is, how it will be held, and under what conditions it will be returned.
Step 5: Include Rights and Responsibilities
Explain the responsibilities of both parties.
Outline who is responsible for maintenance, cleaning, and reporting damage.
Clarify that the sublessee agrees to comply with the terms of the original lease and is subject to the same restrictions and obligations.
If there are any house rules or property-specific guidelines, they should be spelt out here as well.
Step 6: Add Clauses About Alterations and Use
Include a section describing whether the sublessee is allowed to make any alterations to the property.
State clearly whether modifications, painting, hanging items on walls, or any changes to the space are permitted.
Mention the permitted use of the property (residential only, no business activity, etc.) and restrictions such as quiet hours or pet policies.
Step 7: Include Landlord Approval if Required
If the original lease requires the landlord’s consent for subleasing, include a clause stating that the sublease is conditional on obtaining written approval.
Attach a separate document or section for the landlord to sign, acknowledging and agreeing to the sublease.
Without this, the sublease could be invalid or result in legal complications for the sublessor.
Step 8: Clarify Termination Conditions
Outline the conditions under which the sublease can be terminated by either party.
Include acceptable reasons for early termination and the amount of notice required.
Mention the procedure for returning keys, inspecting the premises, and refunding the security deposit if applicable.
This section protects both parties and helps prevent misunderstandings.
Step 9: Include Signatures and Date
Conclude the agreement by having both the sublessor and sublessee sign and date the document.
Include space for printed names, signatures, and the date of signing.
If landlord consent is required, provide a signature block for the landlord as well.
All parties should retain a copy for their records.
Step 10: Review the Document Thoroughly
Before finalising, review the agreement to make sure all essential terms are included and clearly written.
Check that the sublease aligns with the original lease and doesn’t violate any terms.
It’s wise to have it reviewed by a legal advisor or estate agent. It’s also a good idea to use a sublease agreement template to guide you through the process.
