Legal Help for Co-Tenancies & Subletting in Tasmania

If you're navigating the world of co-tenancies or subletting in Tasmania, understanding your rights and responsibilities is crucial. This guide offers practical advice and resources to help renters manage legal issues related to co-tenancies and subletting.

What is Co-Tenancy and Subletting?

Co-tenancy occurs when two or more people sign a lease together, sharing the rights and responsibilities outlined in the rental agreement. Subletting happens when a tenant rents out part or all of their rented property to someone else, with or without the landlord’s permission. Both arrangements carry specific legal obligations in Tasmania.

Understanding Your Legal Rights

Under the Residential Tenancy Act 1997, both co-tenants and sub-tenants in Tasmania have defined rights. For example, co-tenants share equal responsibility for rent and property maintenance, while sub-tenants have fewer rights and must rely on the primary tenant for repairs and other requests.

Key Considerations for Co-Tenancies

• Shared Responsibilities: Understand that co-tenants are equally responsible for rent and damages regardless of individual contributions.
• Lease Agreements: Ensure all co-tenants are on the lease agreement to protect each person’s rights under tenancy law.
• Moving Out: If a co-tenant wishes to leave, ensure that proper notice is given to both the landlord and the other tenants.

Subletting: What You Need to Know

• Landlord Permission: Tenants must seek permission from their landlord before subletting. Failing to do so can result in a breach of the lease agreement.
• Tenancy Agreements: It's advisable to have a written agreement with sub-tenants to clarify terms and responsibilities.
• Legal Accountability: The primary tenant remains responsible to the landlord for rent and property condition.

Tip: Always get written consent from the landlord before starting a sublease to ensure legal protection.

What to Do If Disputes Arise

In case of disputes between co-tenants or sub-tenants, or with the landlord, consider these steps:

1. Communicate: Start with clear and open discussions to resolve misunderstandings amicably.
2. Formal Complaint: If required, lodge a formal complaint with the Tasmanian Residential Tenancy Commissioner.
3. Mediation: Seek mediation services provided by local tenancy advisory services.

For formal disputes, you can apply to the Magistrates Court of Tasmania for resolution.

1. How do I apply for a hearing? Complete the Residential Tenancy Commissioner Complaint Form and submit it.
2. Next Steps: Prepare all necessary documentation, including lease agreements, correspondence, and evidence of transactions, to support your case.

Need Help? Resources for Renters

• Consumer, Building and Occupational Services (CBOS): Offers information on tenants’ rights and responsibilities.
• Legal Aid Tasmania: Provides free legal advice and representation for eligible renters.
• Tenants’ Union of Tasmania: Advocacy and support services for tenants in Tasmania.

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1. How can I add a co-tenant to my lease? Speak to your landlord about adding a co-tenant, who must then sign the lease agreement. Ensure the landlord approves this change in writing.
2. Can I sublet my room without informing my landlord? No, you need written consent from your landlord before subletting, as failing to do so is a breach of the lease agreement.
3. What should I do if my co-tenant stops paying rent? Discuss the issue with your co-tenant first. If unresolved, notify your landlord and seek advice from the Tenants’ Union of Tasmania.
4. Is there a specific form for subleasing in Tasmania? While there is no specific sublease form, it is recommended to document the agreement terms between the primary tenant and sub-tenant in writing.
5. What happens if the landlord refuses to allow subletting? If a landlord refuses consent unreasonably, you may apply to the Residential Tenancy Commissioner for dispute resolution.

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