Risks Renters Face With Co-Tenancies & Subletting in South Australia

Shared housing arrangements, such as co-tenancies and subletting, are common in South Australia, offering greater affordability and flexibility. However, these living situations come with their unique challenges and potential risks, particularly for renters. Understanding these risks and how to mitigate them is vital for maintaining a harmonious living environment and safeguarding your rights under the Residential Tenancies Act 1995.

Understanding Co-tenancies and Subletting

In South Australia, a co-tenancy involves two or more tenants signing the lease agreement together, making them jointly responsible for rent and property care. Subletting involves an original tenant renting a part of the property to another person (the subtenant) while remaining responsible to the landlord.

Common Risks in Co-tenancies

Co-tenancies present several potential risks, including:

• Joint and several liability: All tenants are collectively and individually liable for the rent and damages, meaning if one tenant doesn’t pay, others must cover the shortfall.
• Disagreements: Differing personalities and lifestyles can lead to disputes, which might require mediation or even lead to a tribunal.
• Lease break fees: If one tenant leaves early, the remaining tenants may have to cover their share or find a replacement.

Challenges of Subletting

Subletting carries its own set of challenges:

• Approval: Landlords must approve any subletting arrangements. Failure to get written consent can lead to eviction.
• Trust issues: As the primary tenant, you are responsible for the subtenant’s actions, including damage or rent arrears.
• Return of bond: Problems at the end of a lease can make reclaiming your bond difficult if the subtenant has caused damage or disputes arise.

How to Protect Yourself

While co-tenancies and subletting come with risks, there are steps you can take to protect yourself.

1. Read and understand the lease: Ensure everyone involved is aware of the terms and their responsibilities.
2. Establish a written agreement: Document how utilities, rent, and chores will be divided among tenants.
3. Secure landlord approval for subletting: Always obtain written consent to prevent eviction.

FAQs About Co-Tenancies and Subletting

1. What happens if a co-tenant moves out without notice? Co-tenants are all equally responsible for the lease. If one leaves, the others must cover the rent unless a new agreement is reached.
2. Can a landlord refuse subletting altogether? Yes, if subletting restrictions are clearly outlined in the lease or reasonable grounds are provided.
3. Who is responsible for repairs in the property? Generally speaking, all co-tenants are responsible, but it's crucial to notify the landlord promptly for major repairs.
4. How can I remove a tenant from a co-tenancy? This can only be done by mutual agreement or with a tribunal order.

How to Handle a Co-Tenancy Dispute

1. Document the issue: Keep records of dates, conversations, and any evidence.
2. Communicate clearly: Speak directly with all involved parties to resolve misunderstandings.
3. Seek mediation if needed: Contact the RentRight service or apply for dispute resolution through SACAT.

Need Help? Resources for Renters

For more information or assistance, consider reaching out to these resources:

• South Australian Consumer and Business Services
• South Australian Civil and Administrative Tribunal (SACAT)
• Tenants’ Information and Advocacy Service

---

Understanding the risks associated with co-tenancies and subletting in South Australia can help renters protect themselves and maintain their housing arrangements. Always ensure agreements are clear and consult official resources when needed.

1. Residential Tenancies Act 1995
2. South Australian Civil and Administrative Tribunal

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