Getting Help for Co-Tenancies & Subletting in NSW

Dealing with co-tenancy or subletting issues in New South Wales can be challenging, especially if you're unfamiliar with your rights and responsibilities. Whether you're navigating shared housing arrangements, addressing conflicts, or handling rental agreements, understanding where to get help is crucial. This guide provides resources and steps to assist renters in resolving co-tenancy and subletting issues in NSW.

Understanding Co-Tenancy and Subletting

In NSW, co-tenancy and subletting arrangements are governed by the Residential Tenancies Act 2010¹. A co-tenancy typically involves multiple tenants signing a single lease agreement with a landlord, while subletting occurs when a tenant leases part or all of their rented property to another person.

Common Issues in Co-Tenancy and Subletting

• Disagreements over rent or bills
• Responsibilities for repairs and maintenance
• Ending or changing a co-tenancy
• Illegal subletting concerns

Steps to Resolve Co-Tenancy and Subletting Disputes

1. Communicate Clearly: Start by discussing the issue with your housemates or landlord. Clear communication often resolves misunderstandings or disputes.
2. Review Your Lease: Check your lease agreement to understand your rights and obligations, especially concerning adding new tenants or subletting.
3. Seek Mediation: If discussions don't resolve the issue, consider mediation services offered by Fair Trading NSW.
4. Apply to Tribunal: For unresolved disputes, you may apply to the NSW Civil and Administrative Tribunal (NCAT)² for a formal resolution.

Tip: Always document any agreements or discussions with your landlord or housemates in writing for future reference.

Legal Forms and Resources

• Change of Shared Tenancy Arrangements (Form 19): Use this form when adding or removing a tenant from the agreement. Available at NSW Fair Trading.
• Subletting Consent: Obtain written consent from your landlord if you wish to sublet your rental property.

Need Help? Resources for Renters

If you need guidance specific to your situation, several resources are available:

• Tenants' Union of NSW: Provides advice and advocacy for tenants.
• NSW Civil and Administrative Tribunal (NCAT): Handles residential tenancy disputes.
• NSW Fair Trading: Offers information on renting and dispute resolution services.

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1. What is co-tenancy? Co-tenancy involves multiple tenants who jointly hold responsibility for a rental property under one lease agreement.
2. Can I sublet my rented property? Generally, you need your landlord's written permission to sublet your rented property, as per the lease terms.
3. What should I do if my housemate refuses to pay rent? Attempt to resolve the issue through discussion or mediation first. If unresolved, consider applying to NCAT for dispute resolution.

1. How to apply for mediation through Fair Trading NSW
   1. Visit NSW Fair Trading: Head to their official website for more information.
   2. Submit a mediation request: Complete and submit the appropriate form detailing your dispute.
   3. Participate in mediation: Engage in the mediation process facilitated by Fair Trading officers.

Navigating the complexities of co-tenancy and subletting requires awareness of your rights and responsibilities. Remember the importance of effective communication, knowing your lease terms, and utilising available resources to resolve disputes effectively.

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1. Fair Trading Act 1987 (Cth)
2. Residential Tenancies Act 2010, NSW Legislation

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