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Subletting Tenancy Agreement for Malta

Subletting Tenancy Agreement Template for Malta

A Maltese subletting tenancy agreement is a legally binding document that establishes the terms and conditions under which a current tenant (sublessor) can rent out all or part of their rented property to another person (subtenant). This document must comply with Malta's Private Residential Leases Act and related regulations, including mandatory registration with the Housing Authority. It outlines the rights and obligations of both parties, rent payment terms, duration of the sublease, property maintenance responsibilities, and ensures compliance with the original head lease terms. The agreement must incorporate specific provisions required by Maltese law, including statutory notices and energy performance certificates.

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What is a Subletting Tenancy Agreement?

The Subletting Tenancy Agreement is essential when a tenant in Malta wishes to sublet their rented property to another party. This document is particularly relevant in situations involving temporary relocations, student housing, or when tenants need to share accommodation costs. The agreement must align with Malta's Private Residential Leases Act and requires explicit permission from the head landlord. It includes crucial details such as the property description, rental terms, maintenance responsibilities, and the relationship between all parties involved. The document must be registered with the Housing Authority and comply with specific Maltese legal requirements, including minimum lease periods and mandatory provisions. This type of agreement is commonly used in urban areas like Valletta, Sliema, and St. Julian's, where rental properties are in high demand among both locals and expatriates.

What sections should be included in a Subletting Tenancy Agreement?

1. Parties: Identification of the sublessor (head tenant) and subtenant, including full legal names, ID numbers and addresses

2. Background: Details of the head lease, confirmation of permission to sublet, and context of the subletting arrangement

3. Definitions: Definitions of key terms used throughout the agreement, including 'Property', 'Head Lease', 'Head Landlord', 'Term', and 'Rent'

4. Grant of Sublease: Formal grant of the sublease, subject to terms of head lease and specification of the property being sublet

5. Term and Termination: Duration of sublease, start/end dates, and termination provisions (must comply with minimum periods under Maltese law)

6. Rent and Payment Terms: Rent amount, payment schedule, deposit requirements, and utility payment responsibilities

7. Use of Property: Permitted use of property, occupancy limits, and restrictions on further subletting

8. Tenant Obligations: Subtenant's responsibilities including maintenance, repairs, conduct, and compliance with head lease terms

9. Sublessor Obligations: Sublessor's duties, including maintaining head lease compliance and facilitating repairs

10. Property Condition: State of the property at commencement, inventory, and return conditions

11. Insurance: Insurance requirements for both parties, including contents insurance obligations

12. Registration and Notices: Obligations regarding registration with Housing Authority and statutory notices

13. Governing Law: Confirmation of Maltese law governance and jurisdiction

14. Execution: Signature blocks and witnessing requirements

What sections are optional to include in a Subletting Tenancy Agreement?

1. Furniture and Appliances: Detailed section about furnished properties, including inventory and maintenance responsibilities

2. Pets: Section to be included if pets are allowed, specifying conditions and additional deposits

3. Parking: Include when parking spaces are part of the sublease, specifying allocation and rules

4. Common Areas: Required for apartments or shared buildings, detailing rights and responsibilities in common areas

5. Short-Let Provisions: Special provisions for short-term subleases under 6 months

6. Break Clause: Optional early termination provisions, if agreed between parties

7. Guarantor: Include when a guarantor is required for the subtenant's obligations

What schedules should be included in a Subletting Tenancy Agreement?

1. Schedule 1 - Property Description: Detailed description of the property including all rooms and areas included in the sublease

2. Schedule 2 - Inventory: Detailed inventory of furniture, appliances and fixtures included in the sublease

3. Schedule 3 - Head Lease Terms: Relevant terms from the head lease that affect the sublease

4. Schedule 4 - Condition Report: Detailed report of property condition at commencement of sublease

5. Appendix A - Energy Performance Certificate: Copy of the valid EPC as required by Maltese law

6. Appendix B - Head Landlord's Consent: Written consent from head landlord permitting the sublease

7. Appendix C - House Rules: Any applicable building or complex rules that the subtenant must follow

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Malta

Publisher

Ƶ

Document Type

Lease Agreement

Cost

Free to use
Relevant legal definitions






























Clauses






























Relevant Industries

Real Estate

Property Management

Residential Housing

Legal Services

Property Investment

Student Housing

Corporate Housing

Tourism and Short-term Rentals

Property Development

Relevant Teams

Legal

Property Management

Real Estate Operations

Compliance

Housing Administration

Facilities Operations

Corporate Services

Tenant Relations

Document Management

Risk Management

Relevant Roles

Property Manager

Real Estate Agent

Legal Counsel

Housing Officer

Tenant Relations Manager

Compliance Officer

Lease Administrator

Property Operations Manager

Corporate Housing Manager

Facilities Manager

Relocation Specialist

Student Housing Coordinator

Real Estate Paralegal

Letting Agent

Housing Authority Officer

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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