Co-Tenancy & Subletting in Western Australia

Understanding the intricacies of co-tenancy and subletting can be crucial for renters in Western Australia. Whether you're sharing your home or managing multiple tenants, knowing the legal landscape ensures you're on solid ground.

Co-Tenancy in Western Australia

In Western Australia, co-tenancy occurs when two or more people sign a single lease agreement with the landlord. All tenants have equal rights and responsibilities under the agreement.

Joint and Several Liability

As co-tenants, each person is jointly and severally liable for the obligations under the lease. This means each tenant is responsible for the entire rent amount and any damages, not just their individual share.

Adding or Removing a Co-Tenant

If you need to add or remove a co-tenant, all parties, including the landlord, must agree. It is also advisable to update the lease agreement to reflect any changes.

Subletting in Western Australia

Subletting involves renting out part or all of your home to someone else, creating a new tenant relationship. In WA, tenants must obtain written consent from their landlord before proceeding.

Obtaining Subletting Consent

For subletting approval, tenants should provide written applications to the landlord detailing potential sub-tenants. Landlords cannot unreasonably withhold consent.

Responsibilities of a Head Tenant

The head tenant remains responsible for the overall lease, including rent payments and property maintenance, even when subletting.

Common Questions

Navigating co-tenancy and subletting can be challenging. Below, we've addressed some frequent questions renters face in Western Australia.

1. What happens if one co-tenant misses rent?

   All co-tenants are responsible for covering unpaid rent. Landlords can seek full payment from any tenant.

2. Can I sublet through Airbnb?

   Yes, but you’ll still need written consent from your landlord. Short-term subletting rules apply as they do for traditional subletting.

3. How can a co-tenant leave the lease?

   They must reach an agreement with the landlord and remaining tenants. The lease should be updated to reflect these changes.

Need Help? Resources for Renters

If you require more assistance, the following resources can provide support:

• Department of Mines, Industry Regulation and Safety (DMIRS) - For tenancy information and support.
• Tenancy WA - Offers legal advice and advocacy for tenants.
• State Administrative Tribunal (SAT) - For resolving tenancy disputes.

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1. Fair Trading Act 1987 (Cth)
2. Residential Tenancies Act 1987 (WA)

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