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A popular accommodation option for students in Australia is sharing a house or apartment with others. This can reduce your living costs and it’s a great way to meet new people, but it's still important to be aware of your rights as a tenant.
In this blog post, we'll explain exactly what a share house is and how to make sure you are protected by Australian tenancy laws.
What is a share house?
A share house, also known as a ‘flat share’ or a ‘house share’, is when two or more people rent a house or apartment together. Typically, each person will have their own private bedroom while sharing common areas such as the kitchen, living room and bathroom.
The number of people sharing a house will depend on the size of the property and what has been agreed with your landlord (the property owner).
You and your house mates (the people you live with) will divide the costs and responsibilities of the home.
Get some tips on finding a share house here.
Joining a share house
Co-renting
Co-renting is when you and two or more people sign a lease either directly with the landlord or with an agent. This means that responsibility for the tenancy is shared by you and your house mates.
Make sure you know your rights before signing any lease agreement.
Sub-letting
When you join an existing share house, one of the existing tenants can arrange this. This is called “sub-letting”. This is legal in Australia, but only if the landlord has given their permission. Without that permission, the sub-lease is not valid, and you aren’t protected by tenancy laws.
Things to be aware of:
- A landlord or agent can’t charge a fee for agreeing to a sub-lease.
- The agreement between the head-tenant and sub-tenant needs be in writing so that you are protected by Australian laws. You can download sub-letting agreements on the website of your state or territory tenancy authority.
- The head-tenant has the same responsibilities as a landlord. This means that they need to give you the agreement, an entry condition report and ensure that your bond is lodged with the correct authority.
- The landlord can’t reject you as a sub-letter without a reasonable reason (such as there being too many tenants in the home).
The bond (security deposit)
If the landlord gives permission for the sub-let and the head-tenant takes a bond from you, it’s the head-tenant’s responsibility to lodge it with the relevant state body and provide you with a receipt. However, most of the time you can lodge it yourself online.
Make sure that the head-tenant doesn’t hold your money themselves. You will have no legal protection when you leave the home if they refuse to refund it to you.
Understand your rights and responsibilities
Here are some things to be aware of when looking for a share house:
- Always visit the house in person as photos are not always accurate.
- Do not transfer money before signing a lease or viewing the property.
Read the lease agreement carefully and make sure that it includes all necessary details such as:
- How much rent you’ll be paying and into which account you will pay.
- The duration of the lease.
- How the utility bills are paid.
- Who is in charge of home maintenance.
- What to do if you want to leave the home before the end of the agreement. For example, how much notice you need to give and whether you need to keep paying the rent until a new tenant is found.
- What happens if the head-tenant wants you to move out.
Find out more about your rights as a tenant.
Document everything
Keep a record of all communications regarding the home, including:
- emails
- text messages
- agreements with your landlord or house mates.
These records can be very helpful if there are any disagreements in the future. It’s also a good idea to take pictures when you move in to have evidence in case of any disagreements over the security deposit.
Leaving a share house
A lease doesn’t end until all tenants leave the property and return the keys. If you move out of a share house before the end of the agreement, check it to see how much notice you need to give and whether you need to find a new tenant.
If the head-tenant wants you to leave the home, then they must also give you the amount of notice that is written in the agreement.
Make sure that you take your name off the agreement so that you’re not responsible for the home anymore. The procedures for leaving a share house are slightly different depending on what state or territory you are in. But you will most likely need to fill out a form which you’ll be able to download from your state or territory rental rights body (listed below).
Tenancy support
If you find yourself in a situation where your rights as a tenant are being violated, don't hesitate to get help. Contact the rental rights body in your state or territory:
- New South Wales: NSW Fair Trading and Tenants Advice & Advocacy Services NSW
- Queensland: Tenants Queensland and Residential Tenancies Authority
- Victoria: Consumer Affairs Victoria
- ACT: Access Canberra
- Western Australia: WA Department of Commerce and Tenancy WA
- Northern Territory: Tenants’ Advice Service and Consumer Affairs Northern Territory
- South Australia: Consumer and Business Services (CBS) and Tenants Information and Advisory Service
- Tasmania: The Tenants‘ Union of Tasmania and Consumer Affairs
A popular accommodation option for students in Australia is sharing a house or apartment with others. This can reduce your living costs and it’s a great way to meet new people, but it's still important to be aware of your rights as a tenant.
In this blog post, we'll explain exactly what a share house is and how to make sure you are protected by Australian tenancy laws.
What is a share house?
A share house, also known as a ‘flat share’ or a ‘house share’, is when two or more people rent a house or apartment together. Typically, each person will have their own private bedroom while sharing common areas such as the kitchen, living room and bathroom.
The number of people sharing a house will depend on the size of the property and what has been agreed with your landlord (the property owner).
You and your house mates (the people you live with) will divide the costs and responsibilities of the home.
Get some tips on finding a share house here.
Joining a share house
Co-renting
Co-renting is when you and two or more people sign a lease either directly with the landlord or with an agent. This means that responsibility for the tenancy is shared by you and your house mates.
Make sure you know your rights before signing any lease agreement.
Sub-letting
When you join an existing share house, one of the existing tenants can arrange this. This is called “sub-letting”. This is legal in Australia, but only if the landlord has given their permission. Without that permission, the sub-lease is not valid, and you aren’t protected by tenancy laws.
Things to be aware of:
- A landlord or agent can’t charge a fee for agreeing to a sub-lease.
- The agreement between the head-tenant and sub-tenant needs be in writing so that you are protected by Australian laws. You can download sub-letting agreements on the website of your state or territory tenancy authority.
- The head-tenant has the same responsibilities as a landlord. This means that they need to give you the agreement, an entry condition report and ensure that your bond is lodged with the correct authority.
- The landlord can’t reject you as a sub-letter without a reasonable reason (such as there being too many tenants in the home).
The bond (security deposit)
If the landlord gives permission for the sub-let and the head-tenant takes a bond from you, it’s the head-tenant’s responsibility to lodge it with the relevant state body and provide you with a receipt. However, most of the time you can lodge it yourself online.
Make sure that the head-tenant doesn’t hold your money themselves. You will have no legal protection when you leave the home if they refuse to refund it to you.
Understand your rights and responsibilities
Here are some things to be aware of when looking for a share house:
- Always visit the house in person as photos are not always accurate.
- Do not transfer money before signing a lease or viewing the property.
Read the lease agreement carefully and make sure that it includes all necessary details such as:
- How much rent you’ll be paying and into which account you will pay.
- The duration of the lease.
- How the utility bills are paid.
- Who is in charge of home maintenance.
- What to do if you want to leave the home before the end of the agreement. For example, how much notice you need to give and whether you need to keep paying the rent until a new tenant is found.
- What happens if the head-tenant wants you to move out.
Find out more about your rights as a tenant.
Document everything
Keep a record of all communications regarding the home, including:
- emails
- text messages
- agreements with your landlord or house mates.
These records can be very helpful if there are any disagreements in the future. It’s also a good idea to take pictures when you move in to have evidence in case of any disagreements over the security deposit.
Leaving a share house
A lease doesn’t end until all tenants leave the property and return the keys. If you move out of a share house before the end of the agreement, check it to see how much notice you need to give and whether you need to find a new tenant.
If the head-tenant wants you to leave the home, then they must also give you the amount of notice that is written in the agreement.
Make sure that you take your name off the agreement so that you’re not responsible for the home anymore. The procedures for leaving a share house are slightly different depending on what state or territory you are in. But you will most likely need to fill out a form which you’ll be able to download from your state or territory rental rights body (listed below).
Tenancy support
If you find yourself in a situation where your rights as a tenant are being violated, don't hesitate to get help. Contact the rental rights body in your state or territory:
- New South Wales: NSW Fair Trading and Tenants Advice & Advocacy Services NSW
- Queensland: Tenants Queensland and Residential Tenancies Authority
- Victoria: Consumer Affairs Victoria
- ACT: Access Canberra
- Western Australia: WA Department of Commerce and Tenancy WA
- Northern Territory: Tenants’ Advice Service and Consumer Affairs Northern Territory
- South Australia: Consumer and Business Services (CBS) and Tenants Information and Advisory Service
- Tasmania: The Tenants‘ Union of Tasmania and Consumer Affairs
A popular accommodation option for students in Australia is sharing a house or apartment with others. This can reduce your living costs and it’s a great way to meet new people, but it's still important to be aware of your rights as a tenant.
In this blog post, we'll explain exactly what a share house is and how to make sure you are protected by Australian tenancy laws.
What is a share house?
A share house, also known as a ‘flat share’ or a ‘house share’, is when two or more people rent a house or apartment together. Typically, each person will have their own private bedroom while sharing common areas such as the kitchen, living room and bathroom.
The number of people sharing a house will depend on the size of the property and what has been agreed with your landlord (the property owner).
You and your house mates (the people you live with) will divide the costs and responsibilities of the home.
Get some tips on finding a share house here.
Joining a share house
Co-renting
Co-renting is when you and two or more people sign a lease either directly with the landlord or with an agent. This means that responsibility for the tenancy is shared by you and your house mates.
Make sure you know your rights before signing any lease agreement.
Sub-letting
When you join an existing share house, one of the existing tenants can arrange this. This is called “sub-letting”. This is legal in Australia, but only if the landlord has given their permission. Without that permission, the sub-lease is not valid, and you aren’t protected by tenancy laws.
Things to be aware of:
- A landlord or agent can’t charge a fee for agreeing to a sub-lease.
- The agreement between the head-tenant and sub-tenant needs be in writing so that you are protected by Australian laws. You can download sub-letting agreements on the website of your state or territory tenancy authority.
- The head-tenant has the same responsibilities as a landlord. This means that they need to give you the agreement, an entry condition report and ensure that your bond is lodged with the correct authority.
- The landlord can’t reject you as a sub-letter without a reasonable reason (such as there being too many tenants in the home).
The bond (security deposit)
If the landlord gives permission for the sub-let and the head-tenant takes a bond from you, it’s the head-tenant’s responsibility to lodge it with the relevant state body and provide you with a receipt. However, most of the time you can lodge it yourself online.
Make sure that the head-tenant doesn’t hold your money themselves. You will have no legal protection when you leave the home if they refuse to refund it to you.
Understand your rights and responsibilities
Here are some things to be aware of when looking for a share house:
- Always visit the house in person as photos are not always accurate.
- Do not transfer money before signing a lease or viewing the property.
Read the lease agreement carefully and make sure that it includes all necessary details such as:
- How much rent you’ll be paying and into which account you will pay.
- The duration of the lease.
- How the utility bills are paid.
- Who is in charge of home maintenance.
- What to do if you want to leave the home before the end of the agreement. For example, how much notice you need to give and whether you need to keep paying the rent until a new tenant is found.
- What happens if the head-tenant wants you to move out.
Find out more about your rights as a tenant.
Document everything
Keep a record of all communications regarding the home, including:
- emails
- text messages
- agreements with your landlord or house mates.
These records can be very helpful if there are any disagreements in the future. It’s also a good idea to take pictures when you move in to have evidence in case of any disagreements over the security deposit.
Leaving a share house
A lease doesn’t end until all tenants leave the property and return the keys. If you move out of a share house before the end of the agreement, check it to see how much notice you need to give and whether you need to find a new tenant.
If the head-tenant wants you to leave the home, then they must also give you the amount of notice that is written in the agreement.
Make sure that you take your name off the agreement so that you’re not responsible for the home anymore. The procedures for leaving a share house are slightly different depending on what state or territory you are in. But you will most likely need to fill out a form which you’ll be able to download from your state or territory rental rights body (listed below).
Tenancy support
If you find yourself in a situation where your rights as a tenant are being violated, don't hesitate to get help. Contact the rental rights body in your state or territory:
- New South Wales: NSW Fair Trading and Tenants Advice & Advocacy Services NSW
- Queensland: Tenants Queensland and Residential Tenancies Authority
- Victoria: Consumer Affairs Victoria
- ACT: Access Canberra
- Western Australia: WA Department of Commerce and Tenancy WA
- Northern Territory: Tenants’ Advice Service and Consumer Affairs Northern Territory
- South Australia: Consumer and Business Services (CBS) and Tenants Information and Advisory Service
- Tasmania: The Tenants‘ Union of Tasmania and Consumer Affairs
A popular accommodation option for students in Australia is sharing a house or apartment with others. This can reduce your living costs and it’s a great way to meet new people, but it's still important to be aware of your rights as a tenant.
In this blog post, we'll explain exactly what a share house is and how to make sure you are protected by Australian tenancy laws.
What is a share house?
A share house, also known as a ‘flat share’ or a ‘house share’, is when two or more people rent a house or apartment together. Typically, each person will have their own private bedroom while sharing common areas such as the kitchen, living room and bathroom.
The number of people sharing a house will depend on the size of the property and what has been agreed with your landlord (the property owner).
You and your house mates (the people you live with) will divide the costs and responsibilities of the home.
Get some tips on finding a share house here.
Joining a share house
Co-renting
Co-renting is when you and two or more people sign a lease either directly with the landlord or with an agent. This means that responsibility for the tenancy is shared by you and your house mates.
Make sure you know your rights before signing any lease agreement.
Sub-letting
When you join an existing share house, one of the existing tenants can arrange this. This is called “sub-letting”. This is legal in Australia, but only if the landlord has given their permission. Without that permission, the sub-lease is not valid, and you aren’t protected by tenancy laws.
Things to be aware of:
- A landlord or agent can’t charge a fee for agreeing to a sub-lease.
- The agreement between the head-tenant and sub-tenant needs be in writing so that you are protected by Australian laws. You can download sub-letting agreements on the website of your state or territory tenancy authority.
- The head-tenant has the same responsibilities as a landlord. This means that they need to give you the agreement, an entry condition report and ensure that your bond is lodged with the correct authority.
- The landlord can’t reject you as a sub-letter without a reasonable reason (such as there being too many tenants in the home).
The bond (security deposit)
If the landlord gives permission for the sub-let and the head-tenant takes a bond from you, it’s the head-tenant’s responsibility to lodge it with the relevant state body and provide you with a receipt. However, most of the time you can lodge it yourself online.
Make sure that the head-tenant doesn’t hold your money themselves. You will have no legal protection when you leave the home if they refuse to refund it to you.
Understand your rights and responsibilities
Here are some things to be aware of when looking for a share house:
- Always visit the house in person as photos are not always accurate.
- Do not transfer money before signing a lease or viewing the property.
Read the lease agreement carefully and make sure that it includes all necessary details such as:
- How much rent you’ll be paying and into which account you will pay.
- The duration of the lease.
- How the utility bills are paid.
- Who is in charge of home maintenance.
- What to do if you want to leave the home before the end of the agreement. For example, how much notice you need to give and whether you need to keep paying the rent until a new tenant is found.
- What happens if the head-tenant wants you to move out.
Find out more about your rights as a tenant.
Document everything
Keep a record of all communications regarding the home, including:
- emails
- text messages
- agreements with your landlord or house mates.
These records can be very helpful if there are any disagreements in the future. It’s also a good idea to take pictures when you move in to have evidence in case of any disagreements over the security deposit.
Leaving a share house
A lease doesn’t end until all tenants leave the property and return the keys. If you move out of a share house before the end of the agreement, check it to see how much notice you need to give and whether you need to find a new tenant.
If the head-tenant wants you to leave the home, then they must also give you the amount of notice that is written in the agreement.
Make sure that you take your name off the agreement so that you’re not responsible for the home anymore. The procedures for leaving a share house are slightly different depending on what state or territory you are in. But you will most likely need to fill out a form which you’ll be able to download from your state or territory rental rights body (listed below).
Tenancy support
If you find yourself in a situation where your rights as a tenant are being violated, don't hesitate to get help. Contact the rental rights body in your state or territory:
- New South Wales: NSW Fair Trading and Tenants Advice & Advocacy Services NSW
- Queensland: Tenants Queensland and Residential Tenancies Authority
- Victoria: Consumer Affairs Victoria
- ACT: Access Canberra
- Western Australia: WA Department of Commerce and Tenancy WA
- Northern Territory: Tenants’ Advice Service and Consumer Affairs Northern Territory
- South Australia: Consumer and Business Services (CBS) and Tenants Information and Advisory Service
- Tasmania: The Tenants‘ Union of Tasmania and Consumer Affairs
A popular accommodation option for students in Australia is sharing a house or apartment with others. This can reduce your living costs and it’s a great way to meet new people, but it's still important to be aware of your rights as a tenant.
In this blog post, we'll explain exactly what a share house is and how to make sure you are protected by Australian tenancy laws.
What is a share house?
A share house, also known as a ‘flat share’ or a ‘house share’, is when two or more people rent a house or apartment together. Typically, each person will have their own private bedroom while sharing common areas such as the kitchen, living room and bathroom.
The number of people sharing a house will depend on the size of the property and what has been agreed with your landlord (the property owner).
You and your house mates (the people you live with) will divide the costs and responsibilities of the home.
Get some tips on finding a share house here.
Joining a share house
Co-renting
Co-renting is when you and two or more people sign a lease either directly with the landlord or with an agent. This means that responsibility for the tenancy is shared by you and your house mates.
Make sure you know your rights before signing any lease agreement.
Sub-letting
When you join an existing share house, one of the existing tenants can arrange this. This is called “sub-letting”. This is legal in Australia, but only if the landlord has given their permission. Without that permission, the sub-lease is not valid, and you aren’t protected by tenancy laws.
Things to be aware of:
- A landlord or agent can’t charge a fee for agreeing to a sub-lease.
- The agreement between the head-tenant and sub-tenant needs be in writing so that you are protected by Australian laws. You can download sub-letting agreements on the website of your state or territory tenancy authority.
- The head-tenant has the same responsibilities as a landlord. This means that they need to give you the agreement, an entry condition report and ensure that your bond is lodged with the correct authority.
- The landlord can’t reject you as a sub-letter without a reasonable reason (such as there being too many tenants in the home).
The bond (security deposit)
If the landlord gives permission for the sub-let and the head-tenant takes a bond from you, it’s the head-tenant’s responsibility to lodge it with the relevant state body and provide you with a receipt. However, most of the time you can lodge it yourself online.
Make sure that the head-tenant doesn’t hold your money themselves. You will have no legal protection when you leave the home if they refuse to refund it to you.
Understand your rights and responsibilities
Here are some things to be aware of when looking for a share house:
- Always visit the house in person as photos are not always accurate.
- Do not transfer money before signing a lease or viewing the property.
Read the lease agreement carefully and make sure that it includes all necessary details such as:
- How much rent you’ll be paying and into which account you will pay.
- The duration of the lease.
- How the utility bills are paid.
- Who is in charge of home maintenance.
- What to do if you want to leave the home before the end of the agreement. For example, how much notice you need to give and whether you need to keep paying the rent until a new tenant is found.
- What happens if the head-tenant wants you to move out.
Find out more about your rights as a tenant.
Document everything
Keep a record of all communications regarding the home, including:
- emails
- text messages
- agreements with your landlord or house mates.
These records can be very helpful if there are any disagreements in the future. It’s also a good idea to take pictures when you move in to have evidence in case of any disagreements over the security deposit.
Leaving a share house
A lease doesn’t end until all tenants leave the property and return the keys. If you move out of a share house before the end of the agreement, check it to see how much notice you need to give and whether you need to find a new tenant.
If the head-tenant wants you to leave the home, then they must also give you the amount of notice that is written in the agreement.
Make sure that you take your name off the agreement so that you’re not responsible for the home anymore. The procedures for leaving a share house are slightly different depending on what state or territory you are in. But you will most likely need to fill out a form which you’ll be able to download from your state or territory rental rights body (listed below).
Tenancy support
If you find yourself in a situation where your rights as a tenant are being violated, don't hesitate to get help. Contact the rental rights body in your state or territory:
- New South Wales: NSW Fair Trading and Tenants Advice & Advocacy Services NSW
- Queensland: Tenants Queensland and Residential Tenancies Authority
- Victoria: Consumer Affairs Victoria
- ACT: Access Canberra
- Western Australia: WA Department of Commerce and Tenancy WA
- Northern Territory: Tenants’ Advice Service and Consumer Affairs Northern Territory
- South Australia: Consumer and Business Services (CBS) and Tenants Information and Advisory Service
- Tasmania: The Tenants‘ Union of Tasmania and Consumer Affairs
A popular accommodation option for students in Australia is sharing a house or apartment with others. This can reduce your living costs and it’s a great way to meet new people, but it's still important to be aware of your rights as a tenant.
In this blog post, we'll explain exactly what a share house is and how to make sure you are protected by Australian tenancy laws.
What is a share house?
A share house, also known as a ‘flat share’ or a ‘house share’, is when two or more people rent a house or apartment together. Typically, each person will have their own private bedroom while sharing common areas such as the kitchen, living room and bathroom.
The number of people sharing a house will depend on the size of the property and what has been agreed with your landlord (the property owner).
You and your house mates (the people you live with) will divide the costs and responsibilities of the home.
Get some tips on finding a share house here.
Joining a share house
Co-renting
Co-renting is when you and two or more people sign a lease either directly with the landlord or with an agent. This means that responsibility for the tenancy is shared by you and your house mates.
Make sure you know your rights before signing any lease agreement.
Sub-letting
When you join an existing share house, one of the existing tenants can arrange this. This is called “sub-letting”. This is legal in Australia, but only if the landlord has given their permission. Without that permission, the sub-lease is not valid, and you aren’t protected by tenancy laws.
Things to be aware of:
- A landlord or agent can’t charge a fee for agreeing to a sub-lease.
- The agreement between the head-tenant and sub-tenant needs be in writing so that you are protected by Australian laws. You can download sub-letting agreements on the website of your state or territory tenancy authority.
- The head-tenant has the same responsibilities as a landlord. This means that they need to give you the agreement, an entry condition report and ensure that your bond is lodged with the correct authority.
- The landlord can’t reject you as a sub-letter without a reasonable reason (such as there being too many tenants in the home).
The bond (security deposit)
If the landlord gives permission for the sub-let and the head-tenant takes a bond from you, it’s the head-tenant’s responsibility to lodge it with the relevant state body and provide you with a receipt. However, most of the time you can lodge it yourself online.
Make sure that the head-tenant doesn’t hold your money themselves. You will have no legal protection when you leave the home if they refuse to refund it to you.
Understand your rights and responsibilities
Here are some things to be aware of when looking for a share house:
- Always visit the house in person as photos are not always accurate.
- Do not transfer money before signing a lease or viewing the property.
Read the lease agreement carefully and make sure that it includes all necessary details such as:
- How much rent you’ll be paying and into which account you will pay.
- The duration of the lease.
- How the utility bills are paid.
- Who is in charge of home maintenance.
- What to do if you want to leave the home before the end of the agreement. For example, how much notice you need to give and whether you need to keep paying the rent until a new tenant is found.
- What happens if the head-tenant wants you to move out.
Find out more about your rights as a tenant.
Document everything
Keep a record of all communications regarding the home, including:
- emails
- text messages
- agreements with your landlord or house mates.
These records can be very helpful if there are any disagreements in the future. It’s also a good idea to take pictures when you move in to have evidence in case of any disagreements over the security deposit.
Leaving a share house
A lease doesn’t end until all tenants leave the property and return the keys. If you move out of a share house before the end of the agreement, check it to see how much notice you need to give and whether you need to find a new tenant.
If the head-tenant wants you to leave the home, then they must also give you the amount of notice that is written in the agreement.
Make sure that you take your name off the agreement so that you’re not responsible for the home anymore. The procedures for leaving a share house are slightly different depending on what state or territory you are in. But you will most likely need to fill out a form which you’ll be able to download from your state or territory rental rights body (listed below).
Tenancy support
If you find yourself in a situation where your rights as a tenant are being violated, don't hesitate to get help. Contact the rental rights body in your state or territory:
- New South Wales: NSW Fair Trading and Tenants Advice & Advocacy Services NSW
- Queensland: Tenants Queensland and Residential Tenancies Authority
- Victoria: Consumer Affairs Victoria
- ACT: Access Canberra
- Western Australia: WA Department of Commerce and Tenancy WA
- Northern Territory: Tenants’ Advice Service and Consumer Affairs Northern Territory
- South Australia: Consumer and Business Services (CBS) and Tenants Information and Advisory Service
- Tasmania: The Tenants‘ Union of Tasmania and Consumer Affairs
A popular accommodation option for students in Australia is sharing a house or apartment with others. This can reduce your living costs and it’s a great way to meet new people, but it's still important to be aware of your rights as a tenant.
In this blog post, we'll explain exactly what a share house is and how to make sure you are protected by Australian tenancy laws.
What is a share house?
A share house, also known as a ‘flat share’ or a ‘house share’, is when two or more people rent a house or apartment together. Typically, each person will have their own private bedroom while sharing common areas such as the kitchen, living room and bathroom.
The number of people sharing a house will depend on the size of the property and what has been agreed with your landlord (the property owner).
You and your house mates (the people you live with) will divide the costs and responsibilities of the home.
Get some tips on finding a share house here.
Joining a share house
Co-renting
Co-renting is when you and two or more people sign a lease either directly with the landlord or with an agent. This means that responsibility for the tenancy is shared by you and your house mates.
Make sure you know your rights before signing any lease agreement.
Sub-letting
When you join an existing share house, one of the existing tenants can arrange this. This is called “sub-letting”. This is legal in Australia, but only if the landlord has given their permission. Without that permission, the sub-lease is not valid, and you aren’t protected by tenancy laws.
Things to be aware of:
- A landlord or agent can’t charge a fee for agreeing to a sub-lease.
- The agreement between the head-tenant and sub-tenant needs be in writing so that you are protected by Australian laws. You can download sub-letting agreements on the website of your state or territory tenancy authority.
- The head-tenant has the same responsibilities as a landlord. This means that they need to give you the agreement, an entry condition report and ensure that your bond is lodged with the correct authority.
- The landlord can’t reject you as a sub-letter without a reasonable reason (such as there being too many tenants in the home).
The bond (security deposit)
If the landlord gives permission for the sub-let and the head-tenant takes a bond from you, it’s the head-tenant’s responsibility to lodge it with the relevant state body and provide you with a receipt. However, most of the time you can lodge it yourself online.
Make sure that the head-tenant doesn’t hold your money themselves. You will have no legal protection when you leave the home if they refuse to refund it to you.
Understand your rights and responsibilities
Here are some things to be aware of when looking for a share house:
- Always visit the house in person as photos are not always accurate.
- Do not transfer money before signing a lease or viewing the property.
Read the lease agreement carefully and make sure that it includes all necessary details such as:
- How much rent you’ll be paying and into which account you will pay.
- The duration of the lease.
- How the utility bills are paid.
- Who is in charge of home maintenance.
- What to do if you want to leave the home before the end of the agreement. For example, how much notice you need to give and whether you need to keep paying the rent until a new tenant is found.
- What happens if the head-tenant wants you to move out.
Find out more about your rights as a tenant.
Document everything
Keep a record of all communications regarding the home, including:
- emails
- text messages
- agreements with your landlord or house mates.
These records can be very helpful if there are any disagreements in the future. It’s also a good idea to take pictures when you move in to have evidence in case of any disagreements over the security deposit.
Leaving a share house
A lease doesn’t end until all tenants leave the property and return the keys. If you move out of a share house before the end of the agreement, check it to see how much notice you need to give and whether you need to find a new tenant.
If the head-tenant wants you to leave the home, then they must also give you the amount of notice that is written in the agreement.
Make sure that you take your name off the agreement so that you’re not responsible for the home anymore. The procedures for leaving a share house are slightly different depending on what state or territory you are in. But you will most likely need to fill out a form which you’ll be able to download from your state or territory rental rights body (listed below).
Tenancy support
If you find yourself in a situation where your rights as a tenant are being violated, don't hesitate to get help. Contact the rental rights body in your state or territory:
- New South Wales: NSW Fair Trading and Tenants Advice & Advocacy Services NSW
- Queensland: Tenants Queensland and Residential Tenancies Authority
- Victoria: Consumer Affairs Victoria
- ACT: Access Canberra
- Western Australia: WA Department of Commerce and Tenancy WA
- Northern Territory: Tenants’ Advice Service and Consumer Affairs Northern Territory
- South Australia: Consumer and Business Services (CBS) and Tenants Information and Advisory Service
- Tasmania: The Tenants‘ Union of Tasmania and Consumer Affairs
オーストラリアで学生に人気の住まい方は、家やアパートをほかの人とシェアすることです。生活費の節約となり、新たな人々と知り合える素晴らしい方法ですが、賃借人として自身の権利を知っておくことは大切です。
このブログ記事では、シェアハウスとは何か、オーストラリアの賃借に関わる法律で守られるにはどうしたらよいかをご説明します。
シェアハウスとは？
シェアハウスとは「フラットシェア」や「ハウスシェア」とも呼ばれ、2人以上の人が一緒に家やアパートを借りることを指します。通常、各人に専用のベッドルームがあり、キッチン、リビングルーム、バスルームなどの共用エリアをシェアします。
ハウスシェアをする人の数は、物件の規模と、大家（物件所有者）と合意した内容によって異なります。
あなたとハウスメイト（同居人）は、住居にかかる費用と責任を分担します。
シェアハウスに入居
共同賃借
共同賃借とは、あなたと2人以上の人が直接大家または業者と賃貸借契約を締結することをいいます。つまり、賃借に対する責任をあなたとハウスメイト（同居人）で共有します。
賃貸借契約を締結する前に 自身の権利を知って おきましょう。
サブレット（又貸し）
既存のシェアハウスに入居すると、既存の賃借人の1人がこれを手配できます。これを「サブレット」（又貸し）と呼びます。これはオーストラリアでは合法ですが、大家の許可が得られた場合に限ります。その許可がなければ、又貸しは無効であり、賃借に関わる法律によって保護されません。
知っておくべきこと：
- 大家または業者は、又貸しに合意することに対して費用の請求はできません。
- 主の賃借人（ヘッドテナント）と従の賃借人（サブテナント）との合意は、オーストラリアの法令で保護されるよう、書面で行う必要があります。該当の州または準州の賃貸借当局のウェブサイトでサブレットの契約書面をダウンロードできます。
- 主の賃借人は大家と同じ責任を有します。つまり、主の賃借人はあなたに契約書、入居状態報告書を渡し、あなたのボンドが正当な当局に提出されるようにする必要があります。
- 大家は、合理的な理由（例えば家に対して賃借人の人数が多すぎるなど）がなければ、あなたが従の賃借人となることを拒むことはできません。
ボンド（保証金）
大家がサブレットを許可し、主の賃借人があなたからボンドを受け取る場合、主の賃借人の責任においてそれを該当するする州政府機関に提出し、受領書をあなたに渡さなければなりません。しかし、ほとんどの場合、あなた自身でオンラインで提出ができます。
主の賃借人があなたのお金を保持することがないようにしましょう。退去時に返金を拒まれた場合、法的な保護を受けることができません。
あなたの権利と責任を理解しましょう
シェアハウスを探す際には、次のことを知っておくべきです。
- 写真は必ずしも正確でないため、必ず自身でその家を訪れること。
- 賃貸借契約締結または物件の見学前に金銭を渡さないこと。
賃貸借契約書をよく読み、例えば下記のような必要な詳細が網羅されていることを確認してください。
- 賃料の額と支払い先の口座
- 賃貸借期間
- 公共料金の支払い方法
- 家のメンテナンスの責任者
- 契約期間終了前に退居する場合の対処方法 例えば、どの程度事前に通知する必要があるか、新たな賃借人が見つかるまでに賃料の支払いを続ける必要があるか、など
- 主の賃借人があなたを立ち退かせたい場合はどうなるか
すべてを書面に残しましょう
住まいに関して、例えば下記のようなやり取りの記録をすべて保管しておきましょう。
- Eメール
- テキストメッセージ
- 大家や同居人との合意内容
これらの記録は、将来、見解の相違が生じた場合に非常に役立ちます。また、入居時に写真を撮り、保証金について見解の相違があった場合に備えて証拠を残しておくこともお勧めします。
シェアハウスを退居
賃貸借は、賃借人全員が物件を退居し、鍵を返却して初めて終了します。契約終了前にシェアハウスを退居する場合は、どの程度事前に通知する必要があるか、新たな賃借人を見つける必要があるかどうかを確認しておきましょう。
主の賃借人があなたの退居を希望する場合、契約に記載されている期間に事前通知をしなければなりません。
今後その住居に対する責任を負うことがないよう、契約書から自身の氏名を削除してもらうようにしましょう。シェアハウスを退居する手順は、居住する州または準州によって若干異なります。しかし、ほとんどの場合、州または準州の貸借権利機関（以下に記載）のウェブサイトからダウンロードできる書式に記入する必要があります。
賃借に関する支援
賃借人としての権利が侵害されている状況に陥った場合は、躊躇することなく支援を求めましょう。該当の州または準州の貸借権利機関に連絡してください。
- ニューサウスウェールズ州： NSW Fair Trading and Tenants Advice & Advocacy Services NSW /ニューサウスウェールズ州公正取引局およびテナント助言・擁護サービス
- クイーンズランド州： Tenants Queensland and Residential Tenancies Authority/テナント・クイーンズランドおよび住宅賃貸権局
- ビクトリア州： Consumer Affairs Victoria /ビクトリア消費者局
- オーストラリア首都特別地域： Access Canberra /アクセス・キャンベラ
- 西オーストラリア州： WA Department of Commerce and Tenancy WA /西オーストラリア州商務省およびテナンシーWA
- ノーザンテリトリー： Tenants’ Advice Service and Consumer Affairs Northern Territory /テナント・アドバイスサービスおよび北部準州消費者局
- 南オーストラリア州： Consumer and Business Services (CBS) and Tenants Information and Advisory Service /消費者・ビジネスサービス局（CBS）およびテナント情報・助言サービス
- タスマニア州： The Tenants‘ Union of Tasmania and Consumer Affairs/タスマニア・テナント組合および消費者局
