Co-Tenancies and Subletting in Tasmania: Essential Insights

Co-tenancies and subletting can offer Tasmanians more flexibility and affordability in housing. However, it's essential to understand your rights and responsibilities under the Residential Tenancy Act 1997 (Tas) to avoid common pitfalls.

Understanding Co-Tenancies in Tasmania

In a co-tenancy arrangement, all tenants share equal responsibility for the rent and the property. Each tenant can be held accountable if another does not meet their obligations. The bond is typically a single amount paid collectively, and all co-tenants usually sign the lease agreement.

Key Considerations for Co-Tenants

• All co-tenants must agree before changes to the lease, such as adding a new tenant.
• If a co-tenant leaves, they should ensure their name is officially removed from the lease.
• Any damages can result in deductions from the bond, impacting all tenants.

Subletting Basics

Subletting allows a tenant to rent out part or all of their property to another person. It's crucial to obtain written consent from the property owner or property manager before proceeding, as unauthorised subletting can result in eviction.

Steps to Sublet Legally

1. Check your lease agreement to ensure subletting is permissible.
2. Obtain written consent from your landlord or property manager.
3. Create a sub-tenancy agreement outlining terms, responsibilities, and duration.

Forms and Documents

• Change of Shared Tenancy Form: This form is used to update the tenancy agreement if there are changes among the tenants, such as a co-tenant leaving. Ensure it’s submitted to the managing agent or landlord with necessary approvals. Access the form via the Consumer, Building and Occupational Services website.
• Rental Bond Claim Form: Required when claiming bond money back after tenancy termination. All tenants should agree on how the bond is divided.

Resolving Disputes

If disputes arise that cannot be resolved internally, consider applying to the Magistrates Court (Civil Division), which handles tenancy disputes in Tasmania.

State Legislation to Know

• The Residential Tenancy Act 1997 (Tas) governs most aspects of renting, including co-tenancies and subletting.
• The Fair Trading Act 1987 (Cth) offers additional protection for renters at a federal level.

1. How can I ensure my sublet is legal? Make sure to obtain written consent from your landlord and create a formal sub-tenancy agreement.
2. What happens if a co-tenant moves out? You can update the lease agreement using the appropriate form to remove the tenant from the contract.
3. Do I need permission to sublet my room? Yes, always obtain written consent from your landlord or property manager.

• Ensure lease agreements are up-to-date with all co-tenants' details.
• Get written permission for subletting to avoid legal issues.
• Use official forms to manage tenancy changes.

Need Help? Resources for Renters

• Shelter Tasmania: Offers advice on tenant rights and assistance.
• Magistrates Court (Civil Division): For tenancy disputes.
• Consumer, Building and Occupational Services (CBOS): Provides detailed resources for tenants and landlords.

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