Common Co-Tenancy and Subletting Questions in ACT

Renting in the Australian Capital Territory (ACT) can often involve shared housing arrangements, such as co-tenancy and subletting. These setups bring with them various questions and concerns. In this article, we'll delve into some of the most commonly asked questions about co-tenancies and subletting in the ACT, helping you navigate your rights and responsibilities as a renter.

Understanding Co-Tenancy

Co-tenancy occurs when two or more individuals sign the same lease agreement with a landlord. Each co-tenant shares responsibility for adhering to the lease terms, including paying rent and maintaining the property.

Key Rights and Obligations

• Joint Liability: All co-tenants are jointly and severally liable. This means that if one tenant doesn't pay their share, the others must cover the shortfall.
• Lease Changes: To change a co-tenant, you generally need the landlord's written consent and a jointly signed agreement by all tenants on the lease. Refer to the Residential Tenancies Act 1997 for specific provisions.

Navigating Subletting

Subletting occurs when a tenant rents out part or all of their rented home to another person. If you're considering subletting, there are crucial legal steps you need to understand.

Legal Considerations

• Landlord's Consent: Secure written permission from your landlord before subletting. According to the ACT Residential Tenancies Act 1997, subletting without the landlord's consent is prohibited.
• Subletting Agreement: Create a formal agreement outlining rent, terms of stay, and responsibilities. This document serves as protection for both parties.

FAQs on Co-Tenancy and Subletting

1. What happens if a co-tenant wants to leave?

   A co-tenant can leave, but they remain liable for rent until they are removed from the lease. A Change of Tenancy Agreement needs to be signed by all current tenants and the landlord.

2. Can a landlord refuse to allow subletting?

   A landlord can refuse permission if there are valid reasons, such as concerns over potential property damage or if the proposed subtenant doesn't meet criteria.

3. How can disputes between co-tenants be resolved?

   Disputes may be settled through negotiation or mediation services. If unresolved, the ACT Civil and Administrative Tribunal (ACAT) can provide a binding resolution.

Need a Step-by-Step Guide?

1. How to Add or Remove a Co-Tenant in ACT
   1. Start by consulting your lease agreement for specific terms related to changes in tenancy.
   2. Contact your landlord to get their consent.
   3. All parties, including the landlord and new or remaining tenants, must sign a Change of Tenancy Agreement. Find the form here.
   4. Ensure all documentation is kept for your records.

Need Help? Resources for Renters

If you need assistance or guidance, several resources can help:

• Access Canberra: Provides information on residential tenancy legislation.
• Tenants' Union ACT: Offers free advice and resources for renters in the ACT.
• ACT Civil and Administrative Tribunal (ACAT): Handles disputes related to tenancy issues.

---

1. The Residential Tenancies Act 1997 ensures renters' rights are protected.
2. All co-tenants must understand joint liability implications.
3. Subletting requires written consent from landlords under ACT law.

Categories

General Tenant Rights & Protections Tenancy Agreements & Renewals Rent, Bond & Holding Deposits Moving In & Condition Reports Ending a Tenancy & Moving Out Repairs, Maintenance & Urgent Issues Minimum Standards & Habitability Evictions & Breach Notices Co-Tenancies, Subletting & Shared Housing Discrimination & Equal Housing Access Disability Access & Reasonable Adjustments Utilities, Water & Internet Billing Public, Community & Social Housing Rent Increases & Rent Controls Privacy & Landlord Entry Rules Locks, Keys & Security Obligations Resolving Disputes & Tribunal Processes Harassment, Threats & Landlord Misconduct Boarding Houses, Rooming Houses & Lodgers Caravan Parks & Residential Parks Bond Refunds & Claims Notice Periods & Tenancy Termination Entry Condition Breaches & Compensation Tenant Advocacy & Legal Aid