Sub Lease Tenancy Agreement Template for New Zealand

The Sub Lease Tenancy Agreement is essential in situations where an existing tenant wishes to rent out all or part of their rented property to another party in New Zealand. This document is used when the original tenant maintains their lease with the superior landlord (head lease) while creating a new tenancy agreement with a subtenant. The agreement must comply with New Zealand's Residential Tenancies Act 1986 and related regulations, ensuring all parties' rights and obligations are properly documented. It includes crucial information such as property details, rent amounts, bond requirements, maintenance responsibilities, and term duration. The document is particularly important for protecting all parties' interests and ensuring the sublease arrangement doesn't breach the head lease terms. It's commonly used in situations involving temporary relocations, shared housing arrangements, or when tenants need to temporarily sublet their rental property.

1. Parties: Identifies all parties to the agreement: the head tenant (sub-landlord), the subtenant, and reference to the superior landlord

2. Background: Explains the existence of the head lease, the right to sublease, and the context of this sublease arrangement

3. Definitions: Defines key terms used throughout the agreement, including 'Head Lease', 'Premises', 'Term', and other relevant terms

4. Grant of Sublease: Formal creation of the sublease and specification of the premises being subleased

5. Term of Sublease: Specifies the duration of the sublease, including start and end dates, and any renewal options

6. Rent and Payment Terms: Details the rent amount, payment frequency, method of payment, and review mechanisms

7. Bond: Specifies the bond amount, payment terms, and conditions for its return

8. Utilities and Outgoings: Explains responsibility for utilities, rates, and other property-related expenses

9. Use of Premises: Specifies permitted use of the property and any restrictions

10. Maintenance and Repairs: Outlines maintenance responsibilities of both parties and repair procedures

11. Rights and Obligations: Details the specific rights and obligations of both the sub-landlord and subtenant

12. Head Lease Obligations: Confirms the subtenant's obligation to comply with head lease terms

13. Insurance: Specifies insurance requirements for both parties

14. Access and Inspection: Details circumstances under which the sub-landlord or superior landlord may access the premises

15. Default and Remedies: Explains what constitutes default and the available remedies

16. Termination: Outlines circumstances and procedures for termination of the sublease

17. Notices: Specifies how formal notices must be given between parties

18. General Provisions: Includes standard legal provisions such as governing law and dispute resolution