Understand Co-Tenancies & Subletting in WA

Living with roommates or subletting a part of your home can be an economical choice, but it's important to understand your legal obligations and rights under Western Australia law. Whether you're sharing a lease or deciding to sublet, this guide provides essential insights for renters in WA, ensuring you have a clear understanding of your responsibilities.

Co-Tenancies in Western Australia

In a co-tenancy, multiple individuals share equal rights and obligations under a single lease agreement. This means each tenant is equally responsible for paying rent on time and ensuring the property's maintenance is up to the required standard. The Residential Tenancies Act 1987 protects tenants in Western Australia, providing essential guidelines on managing co-tenancies.

Key Responsibilities in a Co-Tenancy

• Equal Liability: Each co-tenant is liable for the entire rent and any damages.
• Shared Responsibilities: Duties such as paying rent and maintaining property are shared among all tenants.
• Lease Modifications: All co-tenants must agree to any lease changes.

Subletting in Western Australia

Subletting occurs when a tenant rents out part or all of their property to another person. Before proceeding, it is crucial to seek permission from your landlord. The consent to sublet should be documented, either on paper or via email. Failure to do so might result in penalties.

Process for Subletting

1. Request Written Permission: Approach your landlord with a formal request to sublet.
2. Written Agreement: Create a subtenancy agreement outlining the terms and responsibilities of the subtenant.
3. Notice of consent: If approved, secure written confirmation from the landlord.

Note: Subletting without consent can lead to termination of your tenancy.

Official Form: Variation of Agreement

The Form 2 - Variation to Residential Tenancy Agreement is used when any changes are made to the original lease agreement, such as adding new tenants. It should be completed by all parties involved and submitted to the landlord for approval. Access this form through the Consumer Protection WA website.

Legal Rights and Protections

As a tenant in Western Australia, understanding your legal rights is crucial. Under the Residential Tenancies Act 1987, tenants are protected against unfair eviction, illegal rent increases, and any form of discrimination. Additionally, they have the right to request timely repairs and maintenance.

Dispute Resolution

If conflicts arise, consider seeking resolution through the Consumer Protection WA or apply to the State Administrative Tribunal (SAT) for mediation or resolution.

1. What happens if a co-tenant wants to move out? The departing co-tenant should notify the landlord in writing. The remaining tenants may need to find a replacement tenant or cover the departing member's rent share.
2. Can a landlord refuse to allow subletting? Yes, a landlord can refuse consent if there is a valid reason, such as breach of tenancy agreement or property constraints.
3. Do subtenants have the same rights as original tenants? Typically, subtenants have fewer rights, as their agreement is with the tenant, not the landlord. They must understand their limited protections.

How To: Apply to SAT for Dispute Resolution

1. Identify the Issue: Clearly define the nature of your dispute and gather all relevant documentation.
2. Complete the Application Form: Fill out the application form available on the SAT website.
3. Submit Your Application: Lodge the completed form along with supporting documents to SAT.
4. Attend the Hearing: Prepare to present your case and provide evidence at the hearing.

Need Help? Resources for Renters

• Consumer Protection WA - Offers resources and fact sheets for understanding tenant rights.
• Tenancy WA - Provides legal advice and support to tenants across Western Australia.
• State Administrative Tribunal (SAT) - Manage and resolve residential tenancy disputes.

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1. Residential Tenancies Act 1987, legislation.wa.gov.au.
2. Consumer Protection WA: Residential Tenancy Forms and Fact Sheets.
3. State Administrative Tribunal, WA: sat.justice.wa.gov.au.

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