Navigating Co-Tenancy Risks in ACT

Renting a home with others in the Australian Capital Territory (ACT) can offer many benefits such as shared expenses and companionship. However, it's crucial to be aware of the risks associated with co-tenancies and subletting to avoid potential conflicts and legal issues. Here, we explore these risks and how you can protect yourself as a renter.

Understanding Co-Tenancies in the ACT

In a co-tenancy, all tenants sign the lease agreement and share equal responsibility for the property, rent, and other obligations under the Residential Tenancies Act 1997. This means that if one co-tenant fails to pay their share of the rent, the other tenants are liable for covering the shortfall.

Common Risks of Co-Tenancies

• Financial Liability: If one tenant fails to pay rent, the others must cover their share to avoid eviction.
• Disputes: Conflicts about cleaning responsibilities, noise levels, or sharing of expenses can arise.
• Lease Violations: Unauthorized subletting or damaging property can lead to disputes with the landlord or other tenants.

To mitigate these risks, consider drafting a co-tenant agreement detailing each person's responsibilities and procedures for conflict resolution.

Subletting in the ACT: What You Need to Know

Subletting occurs when a tenant rents part or all of their rented premises to another person. In the ACT, you must get written consent from your landlord to sublet, as per the Residential Tenancies Act 1997. Failing to do so can result in eviction for breach of lease terms.

Potential Issues with Subletting

• Lack of Control: As the original tenant, you're responsible for the actions of your subtenant, which can include unpaid rent or property damage.
• Consent Requirement: Without landlord consent, you risk legal consequences, including eviction.

Tip: Always document all agreements in writing and ensure proper communication with your landlord and other tenants.

Handling Disputes in ACT Tenancies

If conflicts arise, whether with a landlord or among tenants, the ACT Civil and Administrative Tribunal (ACAT) is the body responsible for handling residential tenancy disputes. You can apply to ACAT for dispute resolution if needed.

Key Forms for Renters

• Application for Consent to Sublet or Assign (Form 5): Use this form to request your landlord's consent to sublet or assign the lease. Download from Access Canberra.
• Notice to Remedy: If another tenant breaches the agreement, use this formal notice to request they rectify the issue. This document helps resolve problems before escalating to a tribunal.

Need Help? Resources for Renters

If you need assistance, there are several resources available in the ACT:

• Legal Aid ACT offers free legal advice for tenancy issues.
• The ACT Civil and Administrative Tribunal (ACAT) handles disputes and can provide resolutions.
• Tenants' Union ACT provides advocacy and information to renters.

---

1. What is a co-tenancy? Co-tenancy is when all tenants share equal responsibility for rent and the property as per the lease agreement in the ACT.
2. Can I sublet my apartment in the ACT? You can sublet your apartment in the ACT, but you must obtain your landlord's written consent to legally do so.
3. How do I resolve a tenancy dispute in the ACT? You can resolve tenancy disputes through the ACT Civil and Administrative Tribunal (ACAT) if internal negotiations fail.

1. How to apply for landlord consent to sublet?
   1. Contact your landlord in writing to express your interest in subletting and obtain their consent.
   2. Complete the Application for Consent to Sublet or Assign (Form 5) found on the Access Canberra website.
   3. Submit the form to your landlord for their written approval.
   4. Retain a copy of the consent and application for your records to avoid future disputes.

• Clearly understand your responsibilities when entering into co-tenancy or subletting agreements.
• Ensure that all agreements, especially concerning subletting, are documented and consensual among all parties.

---

1. Cite: Residential Tenancies Act 1997
2. Cite: ACT Civil and Administrative Tribunal (ACAT)
3. Cite: Application for Consent to Sublet or Assign (Form 5)

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