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The Sub Lease Agreement is essential in situations where an existing tenant wishes to transfer their leasing rights to another party while maintaining their obligations under the original lease. This document is commonly used in South Africa for both residential and commercial properties, requiring careful consideration of the Rental Housing Act, Consumer Protection Act, and other relevant legislation. The agreement must detail specific terms including property description, rental amounts, duration, maintenance responsibilities, and usage restrictions. It's crucial that the Sub Lease Agreement aligns with the head lease terms and typically requires the head landlord's consent. The document serves to protect all parties' interests while ensuring legal compliance and clear communication of rights and obligations under South African law.

1. Parties: Identification of the head tenant (sub-lessor) and sub-tenant (sub-lessee), including full legal names, identification numbers, and contact details

2. Background: Context of the agreement, including reference to the main lease agreement and confirmation of the head landlord's consent where applicable

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

4. Grant of Sub-Lease: Formal statement of the sub-lease grant, specifying the portion of the property being sub-let

5. Duration and Term: Period of the sub-lease, including commencement and termination dates, ensuring it doesn't exceed the head lease term

6. Rental and Payment Terms: Rental amount, payment dates, method of payment, and annual escalation rates

7. Deposit: Details of security deposit amount, terms of holding, and conditions for refund

8. Use of Property: Permitted use of the property and any restrictions, consistent with head lease terms

9. Maintenance and Repairs: Responsibilities for maintenance, repairs, and improvements

10. Utilities and Services: Responsibility for payment of utilities, municipal services, and other charges

11. Insurance: Insurance requirements for both parties

12. Sub-Tenant's Obligations: Comprehensive list of sub-tenant's responsibilities and commitments

13. Sub-Lessor's Obligations: Comprehensive list of sub-lessor's responsibilities and commitments

14. Breach and Termination: Consequences of breach and circumstances under which the agreement may be terminated

15. Notices and Domicilia: Contact details and addresses for formal notices

16. General Provisions: Standard legal clauses including whole agreement, variation, and governing law