When sharing a home, you must let your landlord know:

• who lives with you
• when people move in or out.

The rental agreement may specify:

• how many people can live in your home at any one time
• if you can rent any spare rooms to other people.

There are different arrangements when sharing a home:

• Co-tenancy:  two or more people, who are not related, rent a property together.

• Sub-letting: a head-tenant rents out all or part of the property to someone else.

• Rooming arrangement: each tenant has their own agreement for a part of the property.

Co-tenancy

All tenants sign a single joint rental agreement with the landlord.

All co-tenants are equally responsible for:

• paying rent
• paying bills
• maintenance
• damage to the home.

Paying rent and bills

Co-tenants need to agree on who pays what and how much each person owes. It’s a good idea to write this down. Rental agreements often make each tenant responsible for the full rent. If one person doesn’t pay, the others will have to cover it.

One tenant may need to coordinate payment for the rent or bills.

Bonds

All co-tenants contribute to one bond. If co-tenants move in or out of the property, the bond will need to be changed. Tenants should settle any bond amounts privately before signing the variation form. Remaining co-tenants may need to ‘top up’ the bond.

See changing a bond page for more information.

Maintenance and damage 

All tenants are responsible for the property. All co-tenants share responsibility for any damage to the home. They will need to work out who will pay the cost of any repairs.

At the end of the tenancy, costs for any damage caused by any of the tenants can be claimed from the bond.

When a co-tenant moves out 

When a co-tenant moves out, their name should be removed from the agreement. If it stays, they may still be responsible for rent and other obligations.

The remaining tenant(s) and landlord can choose to:

• end their current agreement and start a new one, or
• change the agreement to add or remove tenants.

The landlord can refuse to end the agreement early, except in certain cases. These include the home is destroyed or there is family and domestic violence at the home.

The landlord must give the leaving tenant(s) a final property condition report. Any repairs or cleaning costs can be taken from their share of the bond.

When a co-tenant moves in 

The landlord must provide the new tenant with an updated property condition report.

The new tenant is not responsible for the property’s condition before they moved in.

The agreement and bond need to be updated to include the new co-tenant.

Complications between co-tenants 

Co-tenants are all responsible for any agreement breaches. If one co-tenant doesn’t pay rent, damages the property, or causes issues, it can affect everyone’s tenancy.

Tenants should have their own written agreements to avoid problems. It should include tenant responsibilities for:

• rent payments
• bill payments
• giving notice to move out
• cleaning and gardening
• maintenance eg. light globe replacements.

You might consider separate agreements or rooming arrangements to avoid common issues.

Consumer Protection doesn’t handle disputes between co-tenants. The Magistrates Court can determine disputes between tenants. Circle Green may be able to provide advice in resolving the dispute.

When co-tenancy ends

When all co-tenants move out, the process is the same as ending any agreement. Tenants will need to manage any repairs, cleaning, bills and dividing the bond.

Sub-letting 

A head tenant signs an agreement with the landlord and gets permission to sub-let.

Sub-tenants sign an agreement with the head tenant.

Head tenants must provide a rental agreement and a property condition report to the sub-tenants. The agreement can not be for a period longer than the head-tenant’s agreement with the landlord.

The head-tenant responsibilities include:

• collecting money for rent, bond and other bills
• property condition reports and inspections
• organising repairs and maintenance (through their own lessor/agent)

Sub-tenants can also be co-tenants if there is more than one tenant on the same agreement.

When is sub-letting allowed? 

The head-tenant must have permission from their lessor/agent to sub-let a property. This can be included in the tenancy agreement or in a separate written consent.

Paying rent and bills 

Head tenants are responsible for paying rent to the landlord.

Sub-tenants are responsible for paying rent to the head tenant.

Bond

If the sub-tenants pay a bond, the head-tenant must lodge it with the Bonds Administration. They must list the sub‑tenant as the tenant, and themselves as the landlord.

Maintenance and damage 

Sub-letters are responsible for:

• maintaining the areas of the home listed in their agreement .
• any damage they, their pets or visitors cause

The head tenant can be held responsible for any maintenance or damage by their landlord.

The head tenant can take action against sub-letters for damage or maintenance under their agreement.

When a sub-tenant moves out 

The head-tenant must do a property inspection and return any bond money.

Leaving sub-tenants should get a copy of the inspection report.

When the head-tenant ends their tenancy 

If a head-tenant ends their tenancy, the agreement with sub-tenants also ends.

The head-tenant must provide the correct notices and notice periods to the sub-tenants. The head-tenant must follow the same steps as a landlord to end a tenancy with the sub-tenants.

The sub-tenants may not have the right to stay without the permission of the landlord.

Sub-tenants who want to stay at the property will need to negotiate a new agreement with the landlord. They will also need to change their bond or lodge a new one.

The tenants may need to settle splitting the bond money privately.

Rooming arrangements

Each tenant signs a separate agreement with the landlord.

Paying rent and bills 

Tenants are only responsible for paying their share of the rent and bills.

Bond

Each tenant pays a separate bond directly to the landlord.

Maintenance and damage

Tenants are responsible for maintaining areas of the home listed in their agreement.

If a tenant causes damage and fails to pay for repairs, the other tenants are not responsible.

When a rooming-tenant moves out 

See ending a tenancy page on how to end a tenancy. The tenant(s) and landlord must give proper notice period.