Co-Tenancies & Subletting Rights in ACT

Renting with others in the Australian Capital Territory (ACT) can bring both opportunities and challenges. Understanding your rights and responsibilities under co-tenancies and subletting arrangements is crucial. Whether you're sharing a space or considering subletting a part of your rental property, knowing these aspects under the Residential Tenancies Act 1997 can help guide your renting journey.

Understanding Co-Tenancies in the ACT

A co-tenancy occurs when two or more people sign a rental agreement with a landlord for a single property. It's essential to note that all parties are equally responsible for adhering to the lease terms under the Residential Tenancies Act 1997.

Key Responsibilities

• Joint Liability: All tenants are equally responsible for paying the rent and damage to the property.
• Security Deposits: Typically, a bond will be collected and managed by the landlord through the ACT Revenue Office.
• Changes in Tenancy: If one tenant wishes to leave, it usually requires reallocating the lease among remaining and new tenants, often needing the landlord's approval.

Subletting Your Property

Subletting involves renting out part or all of your rented property to a third party. In the ACT, subletting without your landlord's written consent is not permitted and could lead to eviction.

Steps to Obtain Consent

• Seek written consent: Use the Form 5 – 'Application for Consent to Transfer/Sublet Premises' which can be found on the ACT Legislation Register.
• Landlord's Response: Your landlord cannot unreasonably refuse consent. If denied, you should receive written reasons.
• Ensure the sub-tenant follows tenancy rules: They should comply with the original lease terms you agreed upon.

Settling Disputes

If disagreements arise during your tenancy, the ACT Civil and Administrative Tribunal (ACAT) handles residential tenancy disputes. They offer a platform for resolving issues like bond returns, rent increases, or tenancy terminations.

Need Help? Resources for Renters

For further assistance or if you face any issues, the following resources can be beneficial:

• ACT Civil and Administrative Tribunal (ACAT)
• ACT Housing Advice & Support
• Community Legal Centres in the ACT offering free legal advice for tenants

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1. Can I sublet my apartment without the landlord's approval?
   In the ACT, you must obtain your landlord's written consent before subletting. Without this, subletting could breach your lease terms.
2. What happens if one tenant wishes to leave a co-tenancy?
   That tenant should negotiate with the remaining tenants and the landlord. An updated lease agreement may be necessary.
3. How can I resolve a rental dispute?
   Rental disputes in the ACT can be taken to the ACAT for resolutions including mediation and adjudication.

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