Residential Sublease Agreement (England)

What is a residential sublease agreement?

A residential sublease agreement is a type of a tenancy agreement in the UK that is being used by tenants to sublease the property to third parties. A standard sample sublease agreement outlines main conditions of the sublease, including the following:

• property description;
• start date;
• rights and obligations of the subtenant and tenant;
• termination clause;
• insurance;
• access to the property; and
• governing law.

This basic sublease agreement template can be used to sublet different types of residential properties across England & Wales. To sublet residential property in Scotland, another template should be used instead.

Difference between a residential (tenancy) lease and a sublease agreement in England and Wales

Even though both legal documents deal with renting out residential property between tenants and landlords, they differ as follows:

• Parties. The landlord under assured tenancy (main lease) is a property owner or their letting agent and a tenant. Under a sublease rental agreement, the landlord is a tenant under the main assured tenancy.
• Consent. To enter an assured tenancy, the landlord does not require any prior approval from third parties unless the property is under the mortgage. To sign a sublease agreement contract, a tenant should first have a prior written approval from the landlord.
• Master Tenancy. The provisions of the sublease agreement template are subject and subordinate to the master tenancy agreement. In other words, provisions of the sublease cannot override or contradict the provisions of the main lease.

Who can use this sublease agreement template UK?

This solicitor-drafted and fully customisable template of a sublease agreement can be used by:

• letting agents or property management companies across England and Wales;
• landlords giving consent to sublease under the master tenancy agreement;
• tenants willing to sublet a room in the rented apartment or house to a third party; or
• tenants willing to sublet the whole property.

The present document can be customised as a flat, condo, detached-house, semi-detached-house or apartment sublease agreement template​ in England and Wales.

What should be included in the sublease agreement template​?

A standard sample sublease agreement​ has the same structure and clauses as the master lease agreement, including:

• Property Description. The text of the contact should outline the full address of the residential property, list any attached common areas or additional facilities, as well as list the inventory if the property is furnished or partially furnished.
• Duration. The sublease agreement in England signed after May 2026 cannot have an end date. It means that the sublease can only be terminated upon sending a prior 2 months’ written notice to the subtenant.
• Access to the Property. The subtenant should have the right to access the property by providing a prior written notice to the subtenant. Such access can be required to make repairs or refurbishments.
• Permitted Occupiers. The document should define if the subtenant can invite guests and permitted occupants to reside on the property.
• Deposit and Rent. The amount of rent and monthly payments should also be stated in the text of the document.

Is subletting legal in England?

The provision of residential property into a sublease is governed by the Housing Act 2004, the Landlord and Tenant Act 1927, and provisions of the master assured tenancy agreement.

The lease allows tenants to further sublet leased premises, provided there are no restrictions contained in the master lease agreement. The provisions of the master-assured tenancy may

• freely sublet property without landlord’s consent;
• sublet the property only upon the receipt of the landlord’s prior written consent; and
• prohibit completely any subletting.

If the tenant further sublets the residential property without the landlord’s prior consent (if required), this constitutes a severe breach of the master lease agreement.

How to customise this basic sublease agreement template with FasterDraft?

To get a fully customisable agreement 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 – PDF or Word.
4. Make a payment.

The document is ready for instant download immediately after the purchase. The document can be downloaded in PDF or editable Word document formats.