The Sub Tenancy Agreement is essential in situations where an existing tenant wishes to lease all or part of their rented property to another party in Malta. This document is particularly relevant in scenarios involving temporary relocations, student housing, or corporate tenancies where the original tenant needs to sub-let the property. The agreement must align with Maltese legal requirements, including the Private Residential Leases Act 2020 and Civil Code provisions. It requires explicit head landlord consent and mandatory registration with the Housing Authority. The document covers crucial aspects such as rent payments, maintenance responsibilities, term duration, and ensures the sub-tenant's obligations don't conflict with the head lease terms. This arrangement creates a legal framework that protects the interests of all parties while maintaining compliance with Maltese property law.
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1. Parties: Identification of all parties: head landlord, tenant (as sub-landlord), and sub-tenant, including full legal names, identification numbers, and addresses
2. Background: Context of the agreement, reference to head lease, confirmation of head landlord's consent, and purpose of sub-letting
3. Definitions: Definitions of key terms including 'Head Lease', 'Property', 'Term', 'Rent', and other relevant terms
4. Grant of Sub-Lease: Formal grant of the sub-lease, specifying the property and any included contents
5. Term and Renewal: Duration of sub-lease, start date, end date, and any renewal provisions, ensuring compliance with head lease term
6. Rent and Payment Terms: Rent amount, payment schedule, method of payment, and review mechanisms
7. Deposits and Other Payments: Security deposit requirements, utility payments, and other financial obligations
8. Use of Property: Permitted use of property, occupancy restrictions, and compliance with head lease terms
9. Maintenance and Repairs: Responsibilities for maintenance, repairs, and decorative conditions
10. Sub-Tenant Obligations: Key obligations including compliance with head lease terms, property care, and behavioral requirements
11. Sub-Landlord Obligations: Responsibilities including maintenance, insurance, and compliance with head lease
12. Head Landlord Rights: Rights reserved for head landlord, including access and enforcement
13. Insurance: Insurance requirements for all parties
14. Assignment and Further Subletting: Prohibition or conditions for further assignment or subletting
15. Termination: Termination provisions, notice requirements, and consequences of head lease termination
16. Notices: Process for serving notices between parties
17. Governing Law: Confirmation of Maltese law governance and jurisdiction
1. Utilities and Services: Detailed section on utility responsibilities and service charge arrangements, used when utilities are not included in rent
2. Alterations: Section detailing permitted and prohibited alterations, used when specific renovation or modification rights are granted
3. Break Clause: Early termination provisions, included when parties agree to early termination rights
4. Pets: Specific provisions regarding keeping pets, used when pets are allowed or specific pet restrictions apply
5. Shared Areas: Rules for common areas, used in cases of shared facilities or apartment buildings
6. Energy Performance: Specific provisions regarding energy efficiency and certificates, used for properties requiring EPC compliance
7. Special Conditions: Any unique terms specific to the property or arrangement
1. Schedule 1 - Property Description: Detailed description of the property including floor plans and boundaries
2. Schedule 2 - Inventory: List of furniture, appliances, and contents included in the sub-lease
3. Schedule 3 - Head Landlord's Consent: Copy of head landlord's written consent to the sub-lease
4. Schedule 4 - Head Lease Terms: Relevant terms from head lease that apply to sub-tenant
5. Schedule 5 - Condition Report: Initial condition report of the property and contents
6. Appendix A - House Rules: Building or property specific rules and regulations
7. Appendix B - Utility Reading Records: Initial utility meter readings and handover records
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