Sublease agreement, bedroom 2, 3/47 Trafalgar Street

Sublease agreement template with the head lease consent recorded

Subletting a room goes wrong in two places: the landlord never consented, and nobody wrote down what the occupant is actually renting. This agreement fixes the consent on the first page with a date and an email, then sets out the room, the shared areas and who keeps each one in order.

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Sublease agreement · Bedroom 2, 3/47 Trafalgar Street, Annandale NSW 2038Page 1 of 4
Sublease agreement · Bedroom 2, 3/47 Trafalgar Street, Annandale NSW 2038Page 2 of 4
Sublease agreement · Bedroom 2, 3/47 Trafalgar Street, Annandale NSW 2038Page 3 of 4
Sublease agreement · Bedroom 2, 3/47 Trafalgar Street, Annandale NSW 2038Page 4 of 4
Sublease agreement

This agreement is made on 8 March 2027 between Marcus Oyelaran, called the head tenant, who rents the whole of unit 3, 47 Trafalgar Street, Annandale NSW 2038 under a head lease with Delphi Property Trust, and Yuki Tanaka, called the subtenant. The head tenant sublets bedroom 2 to the subtenant, with shared use of the areas listed in clause 3. The head tenant continues to live at the premises in bedroom 1.

$290
Rent a week
$580
Bond
1 Apr 2027
Start
30 Nov 2027
Ends with head lease
1. Consent of the landlord
1.1
Consent came first, in writing
The head lease does not allow the head tenant to sublet any part of the premises without the written consent of the landlord. Delphi Property Trust gave that consent by email on 2 March 2027, naming Yuki Tanaka and bedroom 2, and a copy of the consent is attached to this agreement. Without it this agreement would put the head tenant in breach of the head lease.
This is not a residential tenancy under the Act
The subtenant shares the kitchen and bathroom with the head tenant, who lives at the premises, so the arrangement is likely to be a boarding or lodging arrangement rather than a residential tenancy under the Residential Tenancies Act 2010. That means no bond is lodged with NSW Fair Trading and the protections of the Act do not apply, which is why the terms below are written out in full.
2. Term
2.1
The end date is fixed by the head lease
This agreement starts on 1 April 2027 and ends on 30 November 2027, the last day of the head lease. It cannot run past that day. If the head tenant renews the head lease, the parties may extend this agreement in writing, and if the head lease ends early for any reason this agreement ends on the same day and the head tenant returns the bond and any rent paid for days not used within seven days.
3. What the subtenant gets
3.1
One room, and a share of the rest
The subtenant has bedroom 2, the room at the rear with the built in wardrobe, as private space. The head tenant does not enter it without at least one day notice, except in a genuine emergency. The shared areas below are used by both people, and the table also says who is responsible for keeping each one in order.
Area
Use
Kept in order by
Kitchen
Shared
Each person cleans up after cooking, both clean weekly on a rotating roster
Bathroom
Shared
Rotating weekly clean, supplies split
Living room
Shared
Both, tidied the same day it is used
Laundry
Shared
Each person clears the machine the same day
Balcony
Shared
Head tenant, who keeps the plants
Storage cage, half
Subtenant
Subtenant, left empty at the end
Car space
Head tenant only
Head tenant
4. Rent, bond and bills
4.1
Rent share
The subtenant pays $290 a week, fortnightly in advance as $580, by bank transfer to the head tenant on the first Monday and every second Monday after that. The head lease rent for the whole flat is $690 a week, and the head tenant pays the landlord the whole of it. The subtenant never pays the landlord directly.
4.2
Bond, held by the head tenant
The subtenant pays a bond of $580, two weeks rent, on signing. Because this is not a residential tenancy, the bond is not lodged with NSW Fair Trading. The head tenant holds it in a separate savings account, does not spend it, and returns it within seven days of the subtenant moving out, less any deduction for unpaid rent, unpaid bill shares or damage beyond fair wear, itemised in writing with photographs.
Bill
Share
How it is paid
Electricity
Half each
Head tenant holds the account and shows the bill
Internet
Half each
Head tenant holds the account, $45 a month each
Water usage
Half each
Charged on by the landlord, split when it arrives
Water service and strata
Landlord
Not charged to either person
Contents insurance
Own policy
Each person insures their own belongings
4.3
How a bill share is collected
The head tenant sends a copy of the bill with the request, and the share is paid within 14 days. A share is never estimated and never rounded up. Where the subtenant leaves partway through a billing period, the share is worked out on the days occupied and settled against the bond.
5. Living together
1.
No smoking or vaping anywhere inside the flat or on the balcony.
2.
No pets, because the head lease does not allow one at these premises.
3.
Guests may stay up to three nights in a row and no more than eight nights a month, and the other person is told beforehand.
4.
Quiet between 10.00 pm and 7.00 am on weeknights and 11.00 pm and 8.00 am on weekends.
5.
Neither person changes a lock, adds a lock or gives a key to anyone else.
6.
Neither person advertises any part of the flat for short stay letting, which the head lease prohibits.
6. Ending this agreement
6.1
Notice from either side
Either person may end this agreement by giving three weeks written notice, which may be given by message as long as it names the last day. The head tenant may end it immediately where the subtenant behaves in a way that puts the head lease at risk, such as damaging the premises or causing a complaint from the owners corporation, after asking once in writing for it to stop.
6.2
The last day
On the last day the subtenant leaves bedroom 2 and the storage cage empty and clean, returns the keys and the building fob, and the two walk through the flat together against the photographs taken at the start. The head tenant returns the bond within seven days.
7. General
7.1
What this document is
This is a private written agreement between two people. It does not make the subtenant a tenant of Delphi Property Trust, and the subtenant has no claim against the landlord. Nothing in it takes away a right either person has at law. A change takes effect only when both people agree it in writing. This agreement is governed by the law of New South Wales, and a dispute either person cannot settle may be taken to the Local Court.
Marcus Oyelaran, head tenant
Name
:
Date
:
Yuki Tanaka, subtenant
Name
:
Date
:

Section by section

What each section is for, so you can keep the ones you need and drop the rest.

Parties and key facts
The head tenant, the head lease, the subtenant and the room, then rent, bond, start and the head lease end date.
1. Consent of the landlord
The written consent with its date, and the callout on what the arrangement legally is.
2. Term
An end date fixed by the head lease, and what happens if the head lease ends early.
3. What the subtenant gets
Bedroom 2 as private space, and the seven row shared areas table.
4. Rent, bond and bills
The $290 rent share against the $690 head rent, the bond held by the head tenant, and the bills table.
5. Living together
Six numbered house rules on smoking, pets, guests, quiet hours, locks and short stay letting.
6. Ending this agreement
Three weeks notice either way, immediate ending for a head lease risk, and the last day.
7. General
What the document is, that the subtenant has no claim against the landlord, and the governing law.
Signatures
A block for the head tenant and one for the subtenant.

Clauses in this document

How to adapt this agreement

For a sublease of the whole flat while the head tenant is away, delete the shared areas table and the house rules, add a clause on what happens to the belongings the head tenant leaves behind, and check the head lease, because subletting the whole premises is usually harder to get consent for than a single room. For an arrangement where the occupant is a genuine tenant, the callout comes out, the bond must be lodged with the state bond authority, and the prescribed form applies, so this document becomes an additional terms schedule rather than the agreement. For a fixed end date that is not the head lease end, replace clause 2.1 with that date and keep the sentence saying the agreement cannot run past the head lease, because that ceiling does not move.

Which law the terms follow

The head lease sits under the Residential Tenancies Act 2010 in New South Wales, and it is the head lease that requires the written consent recorded in clause 1.1. The sub arrangement itself most likely falls outside that Act, because the head tenant lives at the premises and shares the kitchen and bathroom, which usually makes the occupant a boarder or lodger. That means no bond lodgement with NSW Fair Trading, no prescribed form, no statutory notice periods and no Tribunal process for the sub arrangement, so the terms in clauses 4, 5 and 6 are the whole of the protection either side has. A dispute goes to the Local Court rather than to the Tribunal.

What makes this document work

Consent is a date and an email, not an assumption

Clause 1.1 records that the landlord consented by email on 2 March 2027, naming the subtenant and the room, with a copy attached. That is the difference between a sublease and a breach of the head lease, and it is the first thing on the page rather than a line in the general clauses.

The callout says what the arrangement legally is

Because the head tenant still lives there and the kitchen and bathroom are shared, the occupant is likely a boarder or lodger outside the Residential Tenancies Act. The callout says so, then explains the consequence: the bond is not lodged with Fair Trading, so the terms have to do the protective work themselves.

Shared areas have an owner, not just a name

Seven rows covering the kitchen, bathroom, living room, laundry, balcony, storage cage and car space, each with who uses it and who keeps it in order. A rotating weekly clean on the bathroom and the car space reserved to the head tenant are the two lines that prevent the most common share house argument.

Questions people ask

Do you need the landlord permission to sublet?

Almost always. A standard residential lease prohibits subletting or parting with possession without the written consent of the landlord. Clause 1.1 records the consent, the date and the room it covers, and attaches a copy, because a sublease without it puts the head tenant in breach of the head lease.

Is a sublease the same as a tenancy?

Not necessarily. Where the head tenant lives at the premises and shares the kitchen and bathroom, the occupant is usually a boarder or lodger rather than a tenant under the Residential Tenancies Act. That changes the bond handling and removes the statutory protections, which is why this agreement writes the terms out in full.

Where does the bond go in a sublease?

If the arrangement is a boarding or lodging arrangement, it is not lodged with NSW Fair Trading. Clause 4.2 has the head tenant hold it in a separate savings account, not spend it, and return it within seven days of the subtenant moving out, less deductions itemised in writing with photographs.

Can a sublease run longer than the head lease?

No. Clause 2.1 ends this agreement on 30 November 2027, the last day of the head lease, and says it cannot run past that day. If the head lease ends early for any reason, this one ends on the same day and the head tenant returns the bond and any rent paid for days not used within seven days.

How should bills be split in a share arrangement?

By a table rather than a conversation. Electricity, internet and water usage are split in half here, with the head tenant holding each account and showing the bill when a share is collected. Clause 4.3 says a share is never estimated and never rounded up, and is pro rated when someone leaves mid period.

How much notice does a subtenant get?

Three weeks either way under clause 6.1, which may be given by message as long as it names the last day. The head tenant can end it immediately where the subtenant does something that puts the head lease at risk, such as damaging the flat, after asking once in writing for it to stop.

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