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Licence to sublet checklist

Make it Legal™ Checklist

Here are a few important steps to take to finish your document

Read the document to make sure it meets your needs. In particular, check whether the sublease is for a whole or part of a commercial property. If it is a sublease of part check whether the landlord agrees to grant the licence to sublet. The landlord may be entitled to refuse consent without giving a reason. Proceed with the licence only if the landlord is absolutely content with the terms of the sublease.

Remember that if you have any questions you can easily Ask a lawyer.

This licence to sublet is a special type of contract called a '‘deed’'. This means it must be signed as follows:

  1. You must print a copy of your deed and sign it physically. Deeds can legally be signed using electronic signatures, but extra care must be taken when signing electronically to ensure that all of the formalities for execution of the particular type of deed are met. This deed is, therefore, designed to be signed by hand (ie ‘wet-signed’) to ensure that it is executed correctly.

  2. You need three different witnesses to witness this agreement, one for each party to the agreement, ie the landlord, the tenant and the subtenant. Each witness must be independent, have mental capacity and should:

    1. not be a family member

    2. not be under the age of 18.

  3. Each party should sign the agreement on the line over their name, using their normal signature, in front of their witness.

  4. The witness for each person must sign on the line beside the words 'Witness signature' and underneath write out their name, address and occupation in the spaces provided.

  5. Complete the agreement by writing the date in the space provided at the top of the document.

Make a copy of the agreement for each of the landlord, tenant and subtenant and store the original safely away.

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