The Sub Lease Tenancy Agreement is essential when a tenant wishes to let out all or part of their rented property to another party in Nigeria. This document is particularly relevant when the original tenant maintains their lease but needs to temporarily transfer their tenancy rights to another party, subject to the head landlord's consent where required. The agreement must comply with Nigerian property law, including federal legislation such as the Recovery of Premises Act and state-specific tenancy laws. It typically includes detailed provisions about rent, duration, maintenance obligations, and ensures the sub-tenant's compliance with the original lease terms. This document is crucial for protecting all parties' interests and ensuring legal compliance in sub-letting arrangements within the Nigerian jurisdiction.
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1. Parties: Identification of the head tenant (sub-lessor) and sub-tenant (sub-lessee), including full legal names and addresses
2. Background: Context of the sub-lease, including reference to the head lease and confirmation of the head tenant's authority to sub-let
3. Definitions: Definitions of key terms used throughout the agreement
4. Demise: The formal grant of the sub-lease, specifying the property being let
5. Term and Commencement: Duration of the sub-lease and start date, ensuring it doesn't exceed the head lease term
6. Rent and Payment Terms: Rent amount, payment frequency, method of payment, and review mechanisms
7. Security Deposit: Amount, payment terms, and conditions for return of the security deposit
8. Utilities and Service Charges: Responsibility for utilities, services, and other charges
9. Sub-tenant's Covenants: Sub-tenant's obligations including maintenance, use restrictions, and compliance with head lease terms
10. Sub-lessor's Covenants: Sub-lessor's obligations including quiet enjoyment and maintenance responsibilities
11. Insurance: Insurance requirements for both parties
12. Termination: Grounds and procedure for termination of the sub-lease
13. Notices: Process for serving formal notices between parties
14. Governing Law: Confirmation that Nigerian law governs the agreement
15. Execution: Signature blocks and attestation requirements
1. Head Landlord's Consent: Required if the head lease mandates obtaining consent for sub-letting
2. Rent Review: Include if periodic rent reviews are intended during the term
3. Break Clause: Optional provision allowing early termination under specific circumstances
4. Alterations and Improvements: Include if sub-tenant is permitted to make changes to the property
5. Assignment and Further Sub-letting: Include if transfer of the sub-lease or further sub-letting is to be permitted
6. Guarantor Provisions: Required if a guarantor is providing security for the sub-tenant's obligations
7. Special Conditions: Any unique terms specific to this sub-lease arrangement
1. Schedule 1: Property Description: Detailed description of the leased premises, including floor plans and measurements
2. Schedule 2: Inventory: List of fixtures, fittings, and furniture included in the sub-lease
3. Schedule 3: Head Lease Terms: Relevant terms from the head lease that affect the sub-lease
4. Schedule 4: Service Charges: Breakdown of service charges and payment obligations
5. Schedule 5: House Rules: Property regulations and guidelines for use
6. Appendix A: Head Landlord's Consent: Copy of consent from head landlord (if applicable)
7. Appendix B: Property Photos: Photographic evidence of property condition at commencement
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