Co-Tenancies and Subletting in ACT: Your Essential Guide

If you're considering joining a co-tenancy or subletting arrangement in the Australian Capital Territory (ACT), understanding your rights and responsibilities is crucial. Co-tenancy and subletting can offer flexibility and companionship, but both arrangements come with legal implications under the Residential Tenancies Act 1997.

Understanding Co-Tenancy and Subletting in ACT

What is Co-Tenancy?

Co-tenancy involves sharing a lease with one or more people. Each tenant is named on the lease agreement, meaning all parties are equally responsible for rent and property care. If one tenant fails to pay their share, the others might be liable.

What is Subletting?

Subletting occurs when a tenant rents out part or all of their rented home to another person. The original tenant retains the lease and responsibility to the landlord, but a separate agreement is made with the subtenant. Written permission from the landlord is usually required before subletting.

Legal Requirements and Considerations

Permission to Sublet

Before subletting, you must obtain written consent from your landlord. To formalize this, use the Notification of Proposed Subtenants form from the ACT Government’s housing section.

Changing Co-Tenants

When a co-tenant leaves or a new one joins, it is essential to update the lease. This typically involves a Replacement Tenant Form, ensuring both parties’ responsibilities are clear.

Rent Contribution and Bond

• Rent: All co-tenants share equal responsibility. The rent should be clearly divided and agreed upon.
• Bond: Any bond changes must be agreed to by all parties and documented with the Rental Bonds office.

Legislation and Dispute Resolution

The Residential Tenancies Act 1997 governs tenancies in the ACT, ensuring that tenants’ rights are upheld. For any disputes, tenants can approach the ACT Civil and Administrative Tribunal (ACAT).

1. What should I do if my co-tenant refuses to pay their share of rent? Notify your landlord as soon as possible and seek resolution through communication or mediation. If unresolved, you might contact the ACT Civil and Administrative Tribunal (ACAT) for advice on potential actions.
2. Can my landlord refuse my request to sublet? Yes, landlords can refuse subletting requests, but they must not do so unreasonably. If refused, seek clarification and potentially dispute the decision via ACAT if you believe the refusal was unjustified.
3. Do I need a new lease agreement if a co-tenant leaves? Yes, updating the tenancy agreement is crucial when there are changes to ensure clarity in responsibilities among remaining and new tenants.

1. How to Apply for Landlord's Permission to Sublet?

   Start by notifying your landlord of your intention to sublet. Use the Notification of Proposed Subtenants form and provide details about the prospective subtenant.

Need Help? Resources for Renters

• ACT Civil and Administrative Tribunal: Resolve tenancy disputes.
• Legal Aid ACT: Free legal advice and advocacy services.
• Tenants' Union ACT: Supports and advises renters.

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Key Takeaways:

• Understand your responsibilities and rights as either a co-tenant or subletter.
• Always have landlord permission in writing before subletting.
• Use official forms when there is a change in tenancy arrangements.

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