Sublet Agreement

Before you draft or sign any 'sublet agreement' for a house or flat in Bangladesh, understand the single most important fact: Section 81A(2) of the State Acquisition and Tenancy Act, 1950 imposes an absolute statutory ban on subletting a non-agricultural tenancy. A sublease in violation of that provision is void from its inception, no matter what the parties agreed and no matter what the head-lease says about the landlord's consent. This overrides the general Transfer of Property Act consent rule that people often quote. If your practical need is to share the flat with someone else, the working structures are (a) getting the landlord to add the co-occupant as a joint tenant on the head-lease itself, or (b) a licence to occupy (not a lease), which is legally a different animal but only in narrow situations — always with independent legal advice.

Stamp & registrationBecause a sublease in violation of Section 81A(2) is void, the honest starting point is: do not draft this as a sublease at all. If you nonetheless proceed after taking legal advice on your specific facts, the paper cannot cure the underlying statutory bar. Any legitimate joint-tenancy amendment or licence document should be executed on non-judicial stamp of the value your lawyer recommends for that specific instrument, signed by all parties including the landlord, and — if the underlying head-lease exceeds one year — considered together with the Registration Act, 1908 registration requirement.

What this agreement typically contains

The head-lease details and the landlord (who must be a party to any lawful workaround)
The identity of the original tenant and the incoming occupant
The legal structure being used (joint-tenancy amendment / licence / neither) — chosen with a lawyer
The precise scope of the incoming party’s occupation and payment obligations
An express acknowledgement that Section 81A(2) SATA 1950 bars subletting and this document is not a sublease
Termination and reversion of possession
Signatures of all three parties (landlord + original tenant + incoming occupant)

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Frequently asked questions

Is subletting a rented flat in Bangladesh legal at all?: No, not for a non-agricultural tenancy. Section 81A(2) of the State Acquisition and Tenancy Act, 1950 imposes an absolute statutory ban on subletting such a tenancy, and any purported sublease is void from its inception. This ban overrides the general Transfer of Property Act rule about landlord consent — the consent rule does not apply here because there is no lawful sublease to consent to. If someone tries to formalise a sublet on paper, the document does not fix the underlying legal problem.
How can I lawfully share the flat with a friend or a second family?: The legitimate routes avoid creating a sublease. The two main options are: (a) get the landlord to add the co-occupant to the head-lease itself as a joint tenant, so both people are on the tenancy from the outset; or (b) explore a licence-to-occupy structure with the landlord's written consent — a licence is legally different from a lease but works only in narrow situations. Both need advice on the specific facts — do not draft either from a template without a lawyer looking at your actual head-lease.
What if we already signed a sublet paper — does that make it legal?: No. A sublease of a non-agricultural tenancy is void from inception under Section 81A(2), and signing paperwork does not cure that. The occupant has no enforceable tenancy right against the landlord, the original tenant may face eviction from the head-lease for breach, and any money paid can become the subject of a messy restitution dispute. If you have already signed one, take legal advice immediately about unwinding the arrangement or restructuring it as a joint tenancy with the landlord.

Other contracts in this category

What this agreement typically contains

The head-lease details and the landlord (who must be a party to any lawful workaround)

The identity of the original tenant and the incoming occupant

The legal structure being used (joint-tenancy amendment / licence / neither) — chosen with a lawyer

The precise scope of the incoming party’s occupation and payment obligations

An express acknowledgement that Section 81A(2) SATA 1950 bars subletting and this document is not a sublease

Termination and reversion of possession

Signatures of all three parties (landlord + original tenant + incoming occupant)

Frequently asked questions

Is subletting a rented flat in Bangladesh legal at all?

No, not for a non-agricultural tenancy. Section 81A(2) of the State Acquisition and Tenancy Act, 1950 imposes an absolute statutory ban on subletting such a tenancy, and any purported sublease is void from its inception. This ban overrides the general Transfer of Property Act rule about landlord consent — the consent rule does not apply here because there is no lawful sublease to consent to. If someone tries to formalise a sublet on paper, the document does not fix the underlying legal problem.

How can I lawfully share the flat with a friend or a second family?

The legitimate routes avoid creating a sublease. The two main options are: (a) get the landlord to add the co-occupant to the head-lease itself as a joint tenant, so both people are on the tenancy from the outset; or (b) explore a licence-to-occupy structure with the landlord's written consent — a licence is legally different from a lease but works only in narrow situations. Both need advice on the specific facts — do not draft either from a template without a lawyer looking at your actual head-lease.

What if we already signed a sublet paper — does that make it legal?

No. A sublease of a non-agricultural tenancy is void from inception under Section 81A(2), and signing paperwork does not cure that. The occupant has no enforceable tenancy right against the landlord, the original tenant may face eviction from the head-lease for breach, and any money paid can become the subject of a messy restitution dispute. If you have already signed one, take legal advice immediately about unwinding the arrangement or restructuring it as a joint tenancy with the landlord.