Understanding Co-Tenancies & Subletting in WA

Renting in shared housing can be an affordable and flexible option for many tenants in Western Australia. However, understanding co-tenancy and subletting can be key to ensuring a smooth renting experience. Whether you are considering sharing a rental property with others or subletting your rental unit, it's vital to be aware of your rights and obligations.

Co-Tenancies in Western Australia

Co-tenancy refers to situations where two or more people sign a lease agreement as tenants. This arrangement ensures that all co-tenants have equal rights and responsibilities under the lease.

Benefits and Responsibilities

• Shared Liability: All co-tenants are equally liable for paying rent and property damages.
• Decision Making: Any decision regarding the lease, such as ending the tenancy, requires the agreement of all co-tenants.

Legal Framework

The Residential Tenancies Act 1987 governs rental agreements in Western Australia. This law outlines the rights and responsibilities of tenants in a co-tenancy arrangement¹.

Subletting in Western Australia

Subletting involves renting out part or all of your rental property to another person. It is crucial to understand that subletting without the landlord's consent can lead to eviction or other legal consequences.

Steps to Sublet Legally

1. Check your lease agreement to ensure subletting is permitted.
2. Discuss and obtain written permission from your landlord.
3. Use a proper sublease agreement to specify rent terms, duration, and responsibilities.

Important Considerations

Ensure that you continue to fulfill your lease obligations, as the primary tenant remains liable to the landlord even during a sublease period.

Be proactive by discussing your plans with your landlord early to avoid misunderstandings.

Need Help? Resources for Renters

If you are navigating co-tenancy or subletting issues, several resources can provide support:

• Consumer Protection WA: Offers guidance on tenancy rights and obligations.
• State Administrative Tribunal (SAT): Handles disputes in residential tenancy matters.

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1. What happens if a co-tenant wants to leave? The departing co-tenant usually needs to give notice and potentially find a replacement. All remaining tenants and the landlord must agree on any changes.
2. Can you sublet without the landlord's permission? Typically, no. Subletting usually requires prior written consent from the landlord to avoid lease violations and potential eviction.
3. How is rent divided in a co-tenancy? Rent can be divided equally or based on room size and amenities. It should be agreed upon by all parties before signing the lease.

1. How to legally sublet your rental in Western Australia
   1. Check your lease agreement: Ensure that subletting is allowed or discuss possible amendments.
   2. Notify your landlord: Submit a written request to your landlord for approval.
   3. Use a formal sublease agreement: Create a sublease agreement specifying terms to protect both parties.

Understanding your rights and obligations can make shared housing more manageable. Consult relevant resources or seek legal advice if facing difficulties.

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¹ See the Residential Tenancies Act 1987 for detailed information on tenant and landlord rights and obligations under WA law.

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