NSW Tribunal Cases on Co-Tenancies & Subletting

In New South Wales, co-tenancies and subletting arrangements can often lead to complexities and disputes. To help renters understand their rights and obligations, let's examine some recent tribunal cases in NSW that shed light on common issues faced by tenants today.

Understanding Co-Tenancies and Subletting in NSW

Co-tenancy refers to a situation where multiple people sign a lease agreement with a landlord, making each tenant equally responsible for rent and property obligations. Subletting, however, involves an existing tenant renting a part of the property to another person, creating a landlord-tenant relationship within the rented premises.

Recent Tribunal Cases

The NSW Civil and Administrative Tribunal (NCAT) handles disputes related to co-tenancies and subletting. Recent cases have highlighted key considerations, such as:

• Unapproved Subletting: A tenant who sublet part of their apartment without the landlord's permission faced eviction. However, the tribunal ruled in favor of the tenant, as the landlord had previously allowed similar arrangements.
• Dispute Among Co-Tenants: In a case where one co-tenant moved out and stopped paying rent, the remaining tenant was held responsible for the full rent. NCAT emphasized that all co-tenants are jointly liable unless otherwise agreed in writing.
• Unauthorized Occupants: A case involving unauthorized occupants saw the tribunal affirming that landlords could terminate the lease due to breach of contract, unless the occupants were approved after disclosure.

Legal Framework

The Residential Tenancies Act 2010 sets out the rights and responsibilities of tenants and landlords in NSW. It covers aspects like:

• Obtaining landlord consent for subletting
• Joint liability of co-tenants
• Resolving disputes through NCAT

Tip: Always document any agreement made with your co-tenants or sublets to prevent future conflicts.

Official Forms and Procedures

If involved in co-tenancy or subletting issues, you may need to fill out specific forms:

• Application for Termination Order: If faced with unauthorized subletting, landlords can apply for a termination order. Details are available through the NCAT forms page.
• Change of Co-Tenant Request: When a co-tenant leaves, submit a change form through your landlord or agent. This helps update the lease accordingly.

FAQ Section

1. What should I do if my co-tenant stops paying rent? You should first try to come to an agreement. If unsuccessful, consider mediation or apply to NCAT for a resolution.
2. Can I sublet my apartment in NSW? Subletting requires written permission from your landlord. Check the lease for specific clauses related to subletting.
3. How can I remove a co-tenant from the lease? A co-tenant can only be removed with the landlord's consent and proper documentation. Any change should be agreed upon by all parties involved.

Key Takeaways

• NSW tenancy laws require landlord approval for subletting.
• Co-tenants are jointly responsible unless documented otherwise.
• In case of disputes, seek assistance through NCAT for resolution.

Need Help? Resources for Renters

If you need further assistance, consider reaching out to:

• Tenants' Union of NSW: Provides advice and support for tenants.
• NSW Fair Trading: Information on your rights and obligations as a tenant.
• NCAT: For lodging and dealing with tenancy disputes.

---

1. Residential Tenancies Act 2010
2. Fair Trading Act 1987 (Cth)
3. NSW Civil and Administrative Tribunal (NCAT)

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