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How to protect your rights in a share house

Living in a ‘share house’ with friends can be a fun experience, but you still need to protect your rights as a tenant.

24 July 2023

24 July 2023

24 July 2023

24 July 2023

24 July 2023

24 July 2023

Three female students standing together smiling in the afternoon sun.

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:    

Three female students standing together smiling in the afternoon sun.

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:    

Three female students standing together smiling in the afternoon sun.

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:    

Three female students standing together smiling in the afternoon sun.

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:    

Three female students standing together smiling in the afternoon sun.

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:    

Three female students standing together smiling in the afternoon sun.

Uma opção popular de acomodação para estudantes na Austrália é compartilhar uma casa ou apartamento com outras pessoas. Isso pode reduzir os custos de vida e é uma ótima maneira de conhecer novos amigos, mas ainda assim é importante estar ciente dos seus direitos como locatário.  

Nesta publicação do blog, explicaremos exatamente o que é uma casa compartilhada e como garantir que você esteja protegido pelas leis australianas referentes à locação.  

O que é uma casa compartilhada? 

Uma casa compartilhada, também conhecida como "apartamento compartilhado" (“share house”, “flat share” ou “house share”), é quando duas ou mais pessoas alugam uma casa ou apartamento juntas. Normalmente, cada pessoa terá seu próprio quarto privativo enquanto compartilha áreas comuns, como cozinha, sala de estar e banheiro.  

O número de pessoas que compartilham a casa dependerá do tamanho do imóvel e do que foi acordado com o proprietário (o dono do imóvel).  

Você e seus colegas de acomodação (“housemates”, as pessoas com quem você mora) dividirão os custos e as responsabilidades da casa.  

Obtenha algumas dicas sobre como encontrar uma casa compartilhada aqui.  

Mudar-se para uma casa compartilhada

Co-locação  

A co-locação é quando você e uma ou mais pessoas assinam um contrato de locação diretamente com o proprietário ou com um corretor imobiliário. Isso significa que a responsabilidade pela locação é compartilhada por você e seus colegas de acomodação. 

Certifique-se de conhecer seus direitos antes de assinar qualquer contrato de aluguel.  

Sublocação  

Quando você se muda para uma casa compartilhada, um dos locatários da casa pode organizar o aluguel. Isso é chamado de “sublocação”. Isso é legal na Austrália, mas somente se o proprietário tiver dado a permissão. Sem essa permissão, a sublocação não é válida e você não está protegido pelas leis de locação.  

Coisas a serem observadas:  

  • O proprietário ou corretor imobiliário não pode cobrar uma taxa por concordar com uma sublocação. 
  • O acordo entre o locatário principal e o sublocatário precisa ser feito por escrito para que você esteja protegido pelas leis australianas. Você pode baixar contratos de sublocação no site da sua autoridade estadual ou territorial responsável pelas locações.  
  • O locatário principal tem as mesmas responsabilidades que o proprietário. Isso significa que eles precisam dar a você o contrato, um relatório de vistoria de entrada e garantir que o depósito caução que você transferir seja apresentado à autoridade correta.  
  • O proprietário não pode recusar que você seja um sublocatário sem um motivo justo (como a existência de muitos locatários na casa).  

Depósito caução (seguro-depósito)  

Se o proprietário der permissão para a sublocação e o locatário principal receber o depósito caução de você, é responsabilidade do locatário principal registrar o caução no órgão estadual relevante e fornecer um recibo a você. No entanto, na maioria das vezes, você mesmo pode registrar o caução online.  

Certifique-se de que o locatário principal não guarde o depósito caução consigo próprio. Você não terá nenhuma proteção legal ao sair da casa se eles recusarem devolver o dinheiro a você.  

Entenda seus direitos e responsabilidades 

Aqui estão algumas coisas a serem observadas ao procurar uma casa compartilhada:  

  • Sempre visite a casa pessoalmente, pois as fotos nem sempre são precisas.  
  • Não transfira dinheiro antes de assinar o contrato ou antes de visitar o imóvel.  

Leia o contrato de aluguel com atenção e certifique-se de que ele inclua todos os detalhes necessários, como:  

  • Quanto aluguel você pagará e em qual conta você pagará.
  • A duração do contrato.
  • Como as contas de serviços públicos são pagas.
  • Quem é responsável pela manutenção doméstica. 
  • O que fazer se você quiser sair da casa antes do final do contrato. Por exemplo, com quanto tempo de antecedência você precisa avisar que vai sair da casa e se você precisa continuar pagando o aluguel até que um novo locatário seja encontrado.
  • O que acontece se o locatário principal quiser que você saia.  

Saiba mais sobre seus direitos como locatário.  

Documente tudo 

Mantenha um registro de todas as comunicações sobre a casa, incluindo:  

  • e-mails  
  • mensagens de texto 
  • acordos com o proprietário ou colegas de casa.  

Esses registros podem ser muito úteis se houver alguma discordância no futuro. Também é uma boa ideia tirar fotos quando você se mudar para ter evidências em caso de discordâncias sobre o depósito caução. 

Ao sair de uma casa compartilhada 

O contrato não termina até que todos os inquilinos saiam do imóvel e devolvam as chaves. Se você sair de uma casa compartilhada antes do final do contrato, verifique com quanto tempo de antecedência você precisa avisar da saída e se precisa encontrar um novo locatário.  

Se o locatário principal quiser que você saia de casa, o contrato também deverá informar o tempo necessário de aviso por parte dele.  

Certifique-se de retirar seu nome do contrato para que você não seja mais responsável pela casa. Os procedimentos para sair de uma casa compartilha são um pouco diferentes dependendo do estado ou território em que você está. Mas você provavelmente precisará preencher um formulário que poderá baixar do site do órgão de direitos de locação estadual ou territorial (listado abaixo).  

Suporte a locatários 

Se você se encontrar em uma situação em que seus direitos como locatário estão sendo violados, não hesite em obter ajuda. Entre em contato com o órgão de direitos de locação no estado ou território onde você mora: