Check If Your Landlord Breaks Co-Tenancy Laws in WA

As a renter in Western Australia, you may find yourself sharing a home with others under a co-tenancy or subletting arrangement. Understanding your rights and obligations, as well as the legal frameworks that govern these agreements, is essential to ensure a harmonious living environment. The Residential Tenancies Act 1987 (WA) outlines the rights and responsibilities for tenants and landlords alike, providing a legal framework to address potential disputes.

Understanding Co-Tenancy and Subletting

Co-tenancy involves multiple tenants being listed on a single tenancy agreement, each having equal responsibility. Subletting, on the other hand, occurs when a tenant rents out part or all of the premises to another subtenant. Both arrangements require careful consideration and adherence to legal requirements to protect the rights of all parties involved.

Legal Requirements and Permissions

Before entering a co-tenancy or subletting arrangement, it's imperative to have written approval from your landlord. Failing to do so may lead to breaches of the tenancy agreement and potential eviction. Your landlord cannot unreasonably withhold consent if you seek to sublet all or part of the premises. If consent is denied, they must provide a valid reason.

In Western Australia, the Residential Tenancies Act 1987 states that tenants must obtain the landlord's written permission before making any significant changes to their living arrangements, such as subletting¹.

Identifying Violations by Landlords

• If your landlord denies a reasonable request to sublet, they may be violating rental laws.
• A landlord collecting rent directly from a subtenant without written agreement could infringe upon your rights as a primary tenant.
• Attempting to charge unreasonable fees for allowing co-tenancies or subletting is prohibited.

Steps to Take When Facing a Violation

If you suspect a violation, consider taking the following steps:

1. Communicate: Discuss your concerns with your landlord or property manager.
2. Document: Keep records of correspondences and agreements.
3. Seek Legal Advice: Contact the Department of Mines, Industry Regulation and Safety (DMIRS) or a local tenancy support service for guidance.
4. File a Complaint: If unresolved, consider lodging a formal complaint with DMIRS or initiating proceedings with the State Administrative Tribunal (SAT).²

Tenants should never feel alone in navigating renting issues. Professional services and resources are available to guide and support you through challenging times.

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