When Is a Subletting Agreement Required?

A subletting agreement is required whenever a tenant (the sublandlord) rents out the property — or part of it — to another person (the subtenant). In Kenya, subletting without the landlord's written consent is typically a breach of the head lease and grounds for eviction. Always obtain written permission before using this template.

• Subletting an entire property while travelling or working away
• Renting out a spare room to a housemate
• Temporarily transferring tenancy during a long absence
• Commercial subletting of part of a business premise

What the Subletting Agreement Covers

This template documents the arrangement between the original tenant and the subtenant, setting out rent, duration, shared areas, and each party's responsibilities.

• Landlord's written consent reference and date
• Sublandlord and subtenant names and ID numbers
• Description of the sublet space — full property or specific rooms
• Sublet rent amount and payment method
• Duration of the sublease — must not exceed the head lease term
• Shared facilities and rules for common areas
• Liability for damage — subtenant's obligations mirror the head lease
• Notice period to end the sublease

Important Limits

A sublease cannot grant the subtenant more rights than the original tenant holds. If the head lease ends, the sublease automatically terminates. The original tenant remains fully liable to the landlord for rent and property condition regardless of the subletting arrangement.