Help for Co-Tenancies & Subletting in WA

Navigating the complexities of co-tenancies and subletting in Western Australia can be challenging. Whether you're facing issues with subletting agreements or disputes with co-tenants, understanding where to seek help is crucial.

Understanding Co-Tenancies and Subletting in WA

In Western Australia, co-tenancies involve multiple tenants sharing a lease agreement, whereas subletting occurs when a tenant rents out part or all of the property to another person. Under the Residential Tenancies Act 1987 (WA), tenants have specific rights and obligations.

Common Issues in Co-Tenancies

• Sharing Responsibilities: All co-tenants share equal responsibility for rent and property maintenance.
• Dispute Resolution: Disputes can arise due to disagreements over bill payments or property damage. Seeking early mediation can often resolve these issues.

Subletting: Legal Considerations

Subletting requires landlord consent in WA. Tenants should ensure that any agreement is documented in writing. For instance, the use of a written sublease agreement can avoid misunderstandings.

Where to Get Help

If you're experiencing challenges with your co-tenancy or subletting arrangement, several resources can help:

Consumer Protection WA

This agency offers information and assistance related to rental laws. They can guide you on rights, responsibilities, and dispute resolution. More details can be found on the Consumer Protection WA website.

Legal Aid WA

Legal Aid Western Australia provides free legal advice to help you understand your rights and resolve disputes. Visit their website at Legal Aid WA for more information.

Residential Tenancies Mandatory Conciliation Service

This service offers free assistance to help resolve disputes between tenants and landlords. More details are available on the Department of Mines, Industry Regulation and Safety site.

Useful Forms for Renters in WA

• Form 1AC: Information for Tenant: Essential information about tenant rights and responsibilities. Available on the WA Commerce website.
• Form 6: Application to the Court: Use this form to apply to the magistrate's court for resolving disputes. More information and the form can be found on the Magistrates Court of WA website.

1. FAQ Section:
   1. What should I do if my co-tenant isn't paying their share of the rent? Discuss the issue with your co-tenant first. Consider mediation services if an agreement can't be reached.
   2. Can I sublet my rental without telling my landlord? No, you must obtain written consent from your landlord before subletting.
   3. How can I resolve a dispute with my sub-tenant? Try to discuss the issue directly. If unresolved, seek assistance from the Residential Tenancies Mandatory Conciliation Service.
2. How To Section:
   1. How to file a complaint with Consumer Protection WA:
      1. Visit their website and locate the complaint form.
      2. Fill out the required details, including your tenancy agreement and issues.
      3. Submit the form online or through the mail.
   2. How to apply for a dispute resolution:
      1. Contact the Residential Tenancies Mandatory Conciliation Service.
      2. Provide copies of your tenancy agreement and related documents.
      3. Follow their guidance to resolve the dispute.
   3. How to request landlord permission for subletting:
      1. Draft a written request outlining your subletting plans.
      2. Include details about the sub-tenant and duration.
      3. Submit the request to your landlord.
3. Key Takeaways:
   • Co-tenancies in WA require shared responsibility for rent and care.
   • Subletting needs landlord approval, documented in writing.
   • Seek help from Consumer Protection WA, Legal Aid WA, and the Conciliation Service for disputes.
4. Help and Support / Resources Section:

   Need Help? Resources for Renters

   • Consumer Protection WA
   • Legal Aid WA
   • Residential Tenancies Mandatory Conciliation Service

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5. Footnotes:
   1. Residential Tenancies Act 1987 (WA), Legislation [Online] Available: https://www.legislation.wa.gov.au/legislation/statutes.nsf/main_mrtitle_829_homepage.html
   2. Consumer Protection WA, Department of Mines, Industry Regulation and Safety [Online] Available: https://www.commerce.wa.gov.au/consumer-protection
   3. Legal Aid Western Australia [Online] Available: https://www.legalaid.wa.gov.au/

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