We strongly recommend MPs have the terms of the Sublet agreement in writing for their own benefit.
A written agreement ensures both parties understand their responsibilities and liabilities clearly and can be held accountable. It also prevents taxpayer money from funding subtenant costs.
A written agreement should contain the following:
1. The address of the property.
2. The name of the sublessee (including a lead individual).
3. A description of the space being sublet (for example, "office room B").
4. The size of the space being sublet:
5. A description of services included in a sublet.
6. The amount of the sublet fee in GBP (£).
7. The sublet fee payment frequency (for example, monthly/quarterly). Ideally, this should be in line with the payment frequency in the superior lease (between MP and the landlord)
8. The type of term agreement (for example, rolling month-to-month, or fixed term).
9. The provision for terminating the agreement. If possible, the agreement should contain a two-month break clause, but as a minimum, it should be in line with the break terms in the superior lease.
10. Details of each party’s liability for associated costs (for example, utilities, broadband, business rates). It is IPSA’s preference that the sublet fee stated in (6.) be inclusive of all associated costs at the property.
If this is not possible and the sublessee is required to pay their share of associated costs in addition to the sublet fee, the agreement should clearly state what proportion/amount they are liable for.
The agreement should also reflect how the MP will claim the associated costs from IPSA. There are two options for this:
MP claims the full amount of the associated costs and the sublessee pays their share to IPSA directly, or
MP claims only their proportionate share of associated costs from IPSA and the sublessee pays their share directly to the MP
11. Confirmation of who the sublet fee will be paid to and by whom. There are three options for this, but in all cases, it is the MP’s responsibility to ensure the sublet fee is paid by the subtenant and that IPSA is paid:
the sublessee pays the sublet fee directly to our IPSA bank account quoting with the reference "MP Name – sublet"
the sublessee pays the sublet fee to the MP and the MP repays the sublet fee to IPSA with the reference "MP Name – sublet"
IPSA pays only the MP’s proportion of the rent (that is, the full rent minus the sublet fee), and the sublet fee may be paid directly by the subtenant to the landlord’s account
MPs will be held liable for ensuring any sublet repayments are received by IPSA within 30 days of their due date, or that the rent paid by IPSA only covers the MP’s proportion.
IPSA reserves the right to recover sublet fees directly from the MP.