Residential Sublet Agreement (Scotland)

What is a residential sublet agreement in Scotland?

A sublet agreement is a legally binding contract used by the tenant to rent out all or part of the rented property to another person. This document can be used for subletting different types of residential property located in Scotland.

A standard sublet tenancy agreement sets out the rights and responsibilities of the tenant and the subtenant, including rent payments, property rules, notice requirements, house rules and occupation terms.

Is a sublet agreement legal in Scotland?

Subletting is generally legal in Scotland.

There are no direct restrictions contained in the Private Housing (Tenancies) (Scotland) Act 2016. In most of the cases tenants need permission from their landlord before subletting a property or room. On the other hand, some master private residential tenancy agreements may completely prohibit any subletting by tenants.

Scottish tenants should always check their tenancy terms carefully before entering into a sublease arrangement.

Who can use this subletting tenancy agreement​?

This customisable sublet agreement can be helpful for:

• first-time tenants willing to sublet a room from other tenants for the first time;
• property managers or letting agents involved in subletting agreements;
• tenants under the master tenancy agreement looking for a solid document template;
• landlords are searching for a reliable subletting agreement for Scotland to protect their property.

If you are a property owner, letting agent or a tenant who is entering a simple tenancy agreement, in such a case another template should be used.

What is included in this sublet tenancy agreement​ template?

The sublet agreement cannot contradict or override provisions of the master tenancy agreement. Therefore, the sublet agreement should be a simple document that reflects the main terms and conditions of the master tenancy, including:

Information about the Parties

The parties to a sublet agreement Scotland should be the landlord (the tenant under the master lease) and the subtenant. If the landlord is represented by the letting agent, information about the letting agent should also be included in the text of the document.

If the landlord wants to appoint a guarantor to secure the subtenant’s payment obligation under the sublet agreement, full identification details of the guarantor should also be provided.

Property Description

A sublet agreement should outline:

• address of the property;
• brief description and size; and
• list of inventory (if the property is furnished or partially furnished).

Rent Amount and Deposit

Every UK sublet agreement template should outline:

• amount of rental payments (in pounds);
• frequency of payment;
• acceptable payment method;
• amount of the deposit;
• name of the approved government-protected schema used for the deposit; and
• list of utilities that are not covered by the rent and should be paid separately by the subtenant.

Occupation Period and Property Rules

A sublet agreement should define:

• commencement date of the sublease;
• start date of the master lease;
• pets and smoking rules;
• list of subtenant’s obligations, etc.

Notice Requirements

The contract should clearly outline how to end the sublet agreement. In Scotland the subletting agreement does not end automatically upon the end of the master tenancy. Therefore, the landlord should send at least 2 months’ prior written notice to inform about the termination of the sublease.

Difference between a Lodger Agreement and a Subletting Agreement in Scotland

A lodger usually lives in a property together with the resident landlord. A lodger does not occupy the whole property, but only part of it – usually a room.

On the other hand, a subtenant rents from an existing tenant rather than directly from the property owner. Subtenants often have greater occupation rights than lodgers because they may have exclusive use of part or all of the property. With this in mind, it is much harder to evict a subtenant under the subletting agreement rather than the lodger.

How to customise this residential sublet agreement for Scotland?

To get a fully customisable document template, follow a few easy steps below:

1. Click the “Create Document” button.
2. Answer simple questions in the form.
3. Select a template’s format – sublet agreement Scotland PDF or Word.
4. E-sign the document.
5. Make a payment.

A fully customisable document template is ready for instant download immediately after the purchase.