The Master Tenant Subtenant Agreement is essential in situations where a primary tenant wishes to sublease a property to another party while maintaining their lease with the original landlord. This document is particularly relevant in the Australian property market where subletting arrangements are common in both commercial and residential contexts. It addresses the complex three-way relationship between the head landlord, master tenant, and subtenant, ensuring all parties' rights and obligations are clearly defined and protected. The agreement includes crucial details about property usage, rent payments, maintenance responsibilities, insurance requirements, and compliance with Australian tenancy laws. It's commonly used in various scenarios including corporate housing arrangements, student accommodation, commercial property management, and residential subletting situations. The document must comply with both federal Australian law and specific state/territory regulations regarding property leasing and subletting arrangements.
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1. Parties: Identification of all parties: Head Landlord, Master Tenant, and Subtenant, including full legal names and contact details
2. Background: Context of the agreement, including reference to the head lease and the master tenant's authority to sublease
3. Definitions: Definitions of key terms used throughout the agreement, including specific terms related to sublease arrangements
4. Grant of Sublease: Formal grant of the sublease, specifying the premises and any limitations on use
5. Term and Renewal: Duration of the sublease, commencement date, end date, and any renewal options
6. Rent and Other Payments: Rent amount, payment schedule, method of payment, and other financial obligations
7. Security Deposit: Details of security deposit requirements, holding arrangements, and conditions for return
8. Utilities and Outgoings: Responsibility for utilities, services, and other ongoing costs
9. Maintenance and Repairs: Responsibilities for maintenance, repairs, and property upkeep between all parties
10. Use of Premises: Permitted use of the premises and any restrictions
11. Insurance: Insurance requirements for all parties
12. Access and Inspection: Rights of access for landlord, master tenant, and related inspection procedures
13. Default and Remedies: Events of default and available remedies for each party
14. Termination: Grounds and procedures for termination by any party
15. Notices: Methods and requirements for formal communications between parties
16. General Provisions: Standard legal provisions including governing law, entire agreement, and severability
1. Furniture and Fittings: Details of furnished properties, including inventory and condition - used when property is furnished
2. Common Areas: Rules and access rights for shared facilities - used for apartments or shared properties
3. Special Conditions: Any unique requirements or arrangements specific to the property or parties
4. Pets: Provisions regarding pet ownership and related conditions - used when pets are allowed
5. Property Manager: Details of any appointed property manager and their role - used when relevant
6. Subletting and Assignment: Further subletting rights and restrictions - used when relevant to the arrangement
7. Building Rules: Specific building or strata rules - used for apartments or managed complexes
1. Schedule 1 - Premises Details: Detailed description of the subleased premises including address and any exclusive areas
2. Schedule 2 - Head Lease: Copy or key terms of the head lease affecting the sublease
3. Schedule 3 - Rent Schedule: Detailed breakdown of rent, payment dates, and rent review mechanisms
4. Schedule 4 - Condition Report: Detailed report of the property condition at commencement
5. Schedule 5 - House Rules: Specific rules and regulations for the property
6. Appendix A - Furniture Inventory: List and condition of any included furniture (if furnished)
7. Appendix B - Required Insurance: Detailed insurance requirements for all parties
8. Appendix C - Maintenance Schedule: Breakdown of maintenance responsibilities between parties
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