FAQs on Co-Tenancies and Subletting in WA

Co-tenancies and subletting are common arrangements for renters in Western Australia looking for flexibility and financial ease in the rental market. Understanding these arrangements can make your rental experience smoother, especially when sharing spaces or when the need arises to temporarily sublet. Let’s explore some frequent questions to help guide you through co-tenancies and subletting in WA.

Understanding Co-Tenancies in Western Australia

In a co-tenancy agreement, more than one person is listed as a tenant on the lease. All tenants have the same rights and responsibilities under the Residential Tenancies Act 1987(1). This type of agreement can offer various benefits, such as shared financial responsibility and collective decision-making for the property. However, it also means that all tenants are jointly responsible for meeting the terms of the lease.

When participating in a co-tenancy, if one tenant leaves, the remaining tenants are still responsible for the entire rent. Hence, clear communication and written agreements among co-tenants are essential to avoid disputes.

Subletting Procedures and Rules

Subletting in WA involves a tenant renting out part, or all, of their rented property to another person. However, before proceeding with subletting, written permission from the landlord is required. This condition protects both the tenant and the landlord by ensuring that all parties are aware of and agree to the arrangement.

When subletting, it is crucial to clarify the rights and responsibilities of sub-tenants. The head tenant will typically remain responsible for the original lease obligations.

Steps for Subletting a Property

1. Request Permission: Obtain written consent from your landlord to sublet the property.
2. Draft a Sublease Agreement: This legal document sets out the terms agreed upon by the head tenant and sub-tenant, including rent and duration.
3. Inform Co-Tenants: If you’re in a co-tenancy arrangement, notify your co-tenants about the subletting plan for transparency and accord.

Common Questions About Co-Tenancies and Subletting

1. What happens if one co-tenant wants to leave? If a co-tenant wishes to vacate, they should negotiate with their fellow co-tenants and the landlord. A new tenant might replace them, but all changes must be documented and agreed upon in writing with the landlord.
2. Do sub-tenants have the same rights as tenants? Sub-tenants generally don’t enjoy the full protection of the Residential Tenancies Act 1987. However, the terms set in the sublease agreement are enforceable, and the head tenant is still bound by all terms of the main lease.
3. Can my landlord refuse my subletting request? A landlord can refuse subletting requests if there are valid and reasonable grounds, such as insufficient references from potential sub-tenants or previous issues with the tenants’ compliance.

Need Help? Resources for Renters

• WA Department of Commerce - Information on renter rights and obligations
• State Administrative Tribunal (WA) - Resolve tenancy disputes
• Community legal services offering tenancy advice

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