The Sublet Tenancy Agreement is essential in situations where an existing tenant wishes to rent out all or part of their leased property to another party in Belgium. This document is particularly relevant when tenants need to temporarily relocate, want to share costs, or cannot utilize the entire property. The agreement must carefully balance the rights and obligations of all parties while ensuring compliance with both the head lease and Belgian housing laws. It requires specific attention to regional regulations (Brussels-Capital, Flanders, or Wallonia) and must include mandatory elements such as energy performance certificates, registration details, and precise terms regarding rent, duration, and maintenance responsibilities. The document serves as a crucial legal framework for protecting the interests of the sublandlord, subtenant, and head landlord while ensuring transparency and legal compliance in the Belgian property market.
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1. Parties: Identification of the subtenant, sublandlord, and acknowledgment of the head landlord
2. Background: Context of the sublease, including reference to the head lease and confirmation of permission to sublet
3. Definitions: Key terms used throughout the agreement, including property, term, rent, and relevant dates
4. Grant of Sublease: Formal grant of the sublease and description of the property
5. Term: Duration of the sublease, start and end dates, and relationship to head lease duration
6. Rent and Charges: Rent amount, payment terms, indexation, and additional charges including utilities
7. Deposit: Security deposit amount, terms of holding and return conditions
8. Use of Property: Permitted use, occupancy rules, and maintenance obligations
9. Subtenant Obligations: Specific responsibilities and obligations of the subtenant
10. Sublandlord Obligations: Specific responsibilities and obligations of the sublandlord
11. Insurance: Required insurance coverage for both parties
12. Repairs and Maintenance: Responsibilities for repairs and maintenance of the property
13. Access Rights: Conditions under which sublandlord/head landlord may access the property
14. Termination: Grounds and procedures for early termination
15. Notices: How and where formal notices must be delivered
16. Governing Law: Confirmation of Belgian law and specific regional jurisdiction
1. Pets: Rules regarding pet ownership, if permitted
2. Subletting and Assignment: If further subletting is permitted (rare in subleases)
3. Alterations: If tenant is permitted to make changes to the property
4. Shared Facilities: Rules for shared areas if property is part of larger building
5. Parking: If parking space is included in the sublease
6. Green Clauses: Environmental obligations and sustainability requirements
7. Break Clause: Optional early termination rights
8. Furniture: If property is let furnished
1. Schedule 1 - Property Inventory: Detailed inventory of the property condition and contents
2. Schedule 2 - Head Lease Terms: Relevant terms from the head lease that affect the sublease
3. Schedule 3 - House Rules: Building or complex rules if applicable
4. Schedule 4 - Energy Performance Certificate: Mandatory EPC as required by Belgian law
5. Schedule 5 - Registration Documents: Documents required for mandatory registration of the sublease
6. Schedule 6 - Insurance Certificates: Copies of relevant insurance policies
7. Schedule 7 - Floor Plans: Plans showing the sublet portion of the property
8. Appendix A - Head Landlord's Consent: Written consent from head landlord for the sublease
9. Appendix B - Utility Agreements: Arrangements for utility payments and connections
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