Navigating Co-Tenancies & Subletting in WA

Renting with others or subletting in Western Australia (WA) can be complex, yet rewarding if you understand your rights and obligations. Whether you're sharing your rental home with a roommate or considering becoming a subtenant, it's vital to have a clear grasp of how the rules in WA apply to these living situations.

Understanding Co-Tenancies

A co-tenancy occurs when two or more tenants sign a rental agreement with the landlord. Every co-tenant has equal rights and responsibilities, which include paying rent and abiding by the terms in the Residential Tenancies Act 1987.¹

Benefits and Challenges of Co-Tenancy

• Shared financial responsibility: Rent and bills are split among co-tenants, making living expenses more manageable.
• Shared maintenance duties: Tasks like cleaning and upkeep are divided.
• Disputes: Disagreements may arise, necessitating mutual understanding and communication.

Exploring Subletting in WA

Subletting involves a tenant (head tenant) leasing part or all of the rental property to another person (subtenant) while remaining responsible to the landlord.

Steps to Sublet Legally

1. Seek Landlord Approval:

   Before subletting, secure the landlord’s written consent. Failure to do so could breach your lease agreement.

2. Form an Agreement:

   Document the terms with a written sublease agreement, detailing rent, property use, and other rules.

3. Maintain Responsibilities:

   The head tenant continues to be accountable to the landlord for the entire property.

Note: Always seek legal advice if you are unsure about co-tenancy or subletting agreements to avoid future conflicts.

FAQs on Co-Tenancies and Subletting

1. What happens if one co-tenant wants to leave?

   All co-tenants typically need to agree on any changes in tenancy. If a tenant wants to exit, they might need to find a replacement, seek landlord approval, or negotiate their lease release.

2. Can a subtenant become a permanent tenant?

   Yes, if the landlord agrees and a new lease is established. The landlord may conduct background checks before formalizing any tenancy changes.

3. Is it possible to evict a co-tenant or sub-tenant?

   Yes, but it requires valid grounds and possibly legal proceedings. Tenancy issues are generally handled by the Department of Mines, Industry Regulation and Safety in WA.

How-To Guides for WA Renters

1. How to End a Co-Tenancy in WA:
   1. Step 1: Discuss with co-tenants and reach an agreement.
   2. Step 2: Communicate with your landlord to adjust or terminate your lease.
   3. Step 3: Ensure all financial responsibilities are settled.
2. How to Sublet Legally in WA:
   1. Step 1: Obtain landlord approval in writing.
   2. Step 2: Draft a sublease agreement and have it signed by all parties.
   3. Step 3: Keep open communication with both the landlord and subtenant regarding any issues that arise.

Key Takeaways

• Know the terms of your co-tenancy or subletting arrangement.
• Always secure landlord approval for any modifications to tenancy agreements.
• Understand your legal obligations and rights as detailed in the Residential Tenancies Act 1987.

Need Help? Resources for Renters

For further assistance, Western Australian renters can contact the Department of Mines, Industry Regulation and Safety or seek advice from local community legal centres.

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¹ Residential Tenancies Act 1987: Legislation WA

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