Handling Co-Tenancy and Subletting Disputes in WA

Sharing a rental property in Western Australia can be economical and convenient. However, disputes in co-tenancies and subletting arrangements can arise, causing stress for all parties involved. Understanding your rights and the correct procedures can help in handling these disputes effectively.

Understanding Co-Tenancy and Subletting

A co-tenancy occurs when multiple people sign a single lease agreement, sharing responsibility for rent and property care. On the other hand, subletting involves a tenant renting out a portion or all of the leased property to another person not on the original lease.

Common Disputes and Their Causes

• Unpaid rent or bills by one of the tenants
• Breaches of lease terms, such as damaging the property
• Disagreements over household responsibilities

Legal Framework in Western Australia

Disputes related to co-tenancies and subletting in Western Australia are primarily governed by the Residential Tenancies Act 1987 (WA)^[1]. Understanding this act can provide clarity on responsibilities and rights.

Resolving Disputes

It is advisable to first attempt resolution through open communication between all involved parties. If this fails, tenants can seek formal resolution methods.

• Try mediation for an amicable agreement.
• If mediation fails, issues can be escalated to the Magistrates Court of Western Australia for a ruling.

Relevant Forms for Tenancy Disputes

If you're facing a dispute, you may need to use specific forms from official sources:

• Form 21 - Application to the Magistrates Court: This form is used when applying to the court for tenancy disputes. You can find it on the official Magistrates Court of WA website.

FAQ Section

1. What is the difference between co-tenancy and subletting? Co-tenancy involves sharing a single lease with multiple people, while subletting means renting out part or all of a property by a tenant to someone else.
2. How can I resolve a dispute over unpaid rent? Start by discussing the issue with your co-tenant. If unresolved, consider mediation or, as a last resort, apply to the Magistrates Court.
3. Is it legal to sublet my rental property? Check your tenancy agreement first. Landlord approval is often required for subletting legally.
4. Who is responsible for damages in a shared house? Typically, all co-tenants are jointly responsible unless otherwise specified in the lease agreement.

How To Section

1. How to initiate mediation for tenancy disputes
   1. Step 1: Contact a community legal centre for advice.
   2. Step 2: Agree with the other party to attend a mediation session.
   3. Step 3: Document any agreements made during mediation.
2. How to apply to the Magistrates Court for a tenancy dispute
   1. Step 1: Visit the Magistrates Court of WA website to download Form 21.
   2. Step 2: Complete the form with details of the dispute.
   3. Step 3: Submit the form to your local magistrate's court and pay any necessary fees.

Need Help? Resources for Renters

• Residential Tenancy Branch, WA Department of Mines, Industry Regulation and Safety - Assistance with tenancy issues.
• Magistrates Court of Western Australia - Information and forms for resolving disputes.
• Legal Aid Western Australia - Free legal advice and resources for tenants.

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1. Residential Tenancies Act 1987 (WA), available at legislation.wa.gov.au

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