Know Your Rights: Co-Tenancies & Subletting WA

Living in shared accommodation or deciding to sublet your property in Western Australia requires understanding the specific rights and responsibilities that come with these arrangements. Whether you're in a co-tenancy or planning to sublease part of your rental space, knowing your legal standing under the Residential Tenancies Act 1987 (WA) will help you avoid potential pitfalls and ensure a harmonious living situation.

Understanding Co-Tenancies in WA

A co-tenancy arises when two or more tenants sign a lease agreement with the landlord. Each co-tenant shares equal responsibility for rent payment and adhering to the terms of the lease. It’s vital for co-tenants to maintain clear communication to ensure all obligations are met.

Key Responsibilities

• Joint Liability: Each co-tenant is fully responsible for the rent and property condition.
• Lease Changes: Altering the lease agreement, such as adding new tenants, requires landlord approval.

Subletting: Know Your Rights

Subletting involves renting out part of your home to another person. In Western Australia, landlords must approve subtenants before they move in, and the original tenant remains responsible for the property.

Steps to Sublet:

To sublet legally, ensure you follow these steps:

• Seek Landlord Approval: Obtain written consent from your landlord before subletting.
• Formalise Agreements: Draft a subtenancy agreement outlining rent, duration, and responsibilities.

Ending a Co-Tenancy or Subtenancy

Ending a shared tenancy requires notifying your landlord and fellow tenants. It's important to use the correct documentation and serve notices as required by the Residential Tenancies Act. Make sure to complete the Notice of Termination forms diligently.

Action Steps for Smooth Closure

• Communicate early with all parties involved.
• Complete all necessary documentation.
• Ensure any disputes are resolved professionally.

Always keep records of communications and agreements to protect yourself in case of disputes.

1. What happens if my co-tenant doesn’t pay their share of the rent?

   All co-tenants are equally responsible for the total rent. If one tenant fails to pay, the others must cover the shortfall to avoid breach of the lease.

2. Can a landlord refuse my request to sublet?

   Yes, a landlord can refuse if there are reasonable grounds, such as the potential subtenant not meeting the terms and conditions of the lease.

3. How can I resolve disputes with co-tenants or subtenants?

   Consider mediation services or contact Consumer Protection WA for guidance.

1. How to sublet your rental property

   1. Step 1: Review Your Lease

      Check your lease agreement to confirm if subletting is allowed and under what conditions.

   2. Step 2: Get Written Consent

      Submit a formal request to your landlord for permission to sublet.

   3. Step 3: Draft a Subtenancy Agreement

      Prepare a detailed sublease agreement outlining responsibilities and guidelines for the subtenant.

Need Help? Resources for Renters

If you need assistance navigating your rights as a renter in Western Australia, consider reaching out to these resources:

• Consumer Protection WA – For advice on tenancy rights and dispute resolution.
• Magistrates Court of WA – For formal disputes and applications related to rental tenancies.

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1. Residential Tenancies Act 1987 (WA) – View online
2. Magistrates Court of WA – Residential Tenancy Dispute Resolution Service

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