Sublease agreement checklist

Read the document to make sure it meets your needs and that you’ve provided all of the necessary information about the subtenancy. Ask a lawyer for advice if you have any questions.

Your Sublease Agreement should include a version of the master tenancy agreement (ie the Tenancy agreement under which the sublandlord originally rented the property from the head landlord). 

You’ll choose how to include a copy of the master tenancy agreement when you make your Sublease Agreement. Make sure you follow the method you select. If you indicated that the text of the master tenancy agreement will be:

• attached to the Sublease Agreement:  

  • if you print the Sublease Agreement to sign it, physically attach a printed copy of the master tenancy agreement to the Sublease Agreement before it is signed

  • if you sign the Sublease Agreement electronically, add a document or pages containing the text of the master tenancy agreement to the end of the file containing the Sublease Agreement before it is signed

• inserted into the Sublease Agreement:

  •  download your completed Sublease Agreement as a Word document or similar and insert (eg paste in) the text of the master tenancy agreement under the heading ‘Schedule/Schedule 1 - Master Tenancy Agreement’. Do this before the Sublease Agreement is signed 

The sublandlord needs the head landlord’s consent to sublet the property. Make sure you have this consent written down and include it with the Sublease Agreement before the Sublease Agreement is signed. You’ll choose how to include the head landlord’s consent when you make your Sublease Agreement. If: 

• you’re including a schedule in the Sublease Agreement for the head landlord to provide consent:

  • the head landlord should sign and date the schedule headed ‘Schedule/Schedule 2 - Landlord’s Permission to Sublet’. If the head landlord is a company or a partnership, its representative (ie signatory) must sign

• the head landlord’s consent is contained within the master tenancy agreement:

  • you don’t need to do anything extra, as you’re already including the text of the master tenancy agreement, either within the Sublease Agreement or attached to it

• the head landlord’s consent is contained within a separate written document:

  • you should attach a copy of this document to the Sublease Agreement before it’s signed

It’s a good idea to make an inventory at the start of a subtenancy to set out all of the fixtures and fittings in the property and their condition at the start of the subtenancy.

If there’s an inventory, attach a copy of your inventory to the Sublease Agreement before the Agreement is signed.

Make an inventory using our Inventory template and FAQs.

The subtenant and sublandlord must both sign the Agreement. If there’s a guarantor, they must also sign. 

If there are multiple subtenants, sublandlords, and/or guarantors, all individuals should sign.

The date of the Agreement is the date on which the parties sign, if that is the same day. If they sign on different days, it is the day on which the last person signs.

You can sign your Sublease Agreement by either:

• signing online using RocketSign, or

• signing in print:

  • print a copy for all parties

  • all parties should sign and date each copy by hand. They can do this at different times, for example, if the sublandlord sends the subtenant 2 signed copies and asks them to sign both then keep one and return the other

A copy of your Sublease Agreement will be stored automatically in your Rocket Lawyer account ‘Dashboard’.

You should also download and securely store a copy of your Sublease Agreement for your records.

If you signed in print, each party should securely store their copy of the Agreement that has been signed by all of the parties. 

Tenancy law requires that landlords (including sublandlords) do certain things when renting out a residential property. 

If a sublandlord does not meet all of these obligations, they may not be allowed to do certain things related to the tenancy in future. For example, you might not be able to use certain eviction methods.

When starting a subtenancy that is an AST, a sublandlord should always:

• provide each subtenant with a copy of the Sublease Agreement

• provide each subtenant with a free copy of the  ‘How to rent’ guide

• carry out a ‘Right to rent’ check to ensure that the prospective subtenants have the legal right to rent in England, based on their immigration status

• place any tenancy deposit that the subtenant provides into a government approved tenancy deposit protection scheme within 30 days

• give the subtenant(s) certain details about the tenancy deposit scheme being used and provide a receipt for the deposit 

• provide the tenant with a free and up-to-date Energy Performance Certificate (EPC) and, if the property uses gas appliances, a gas safety certificate

For more information, read Legal obligations of a landlord.