Residential tenants – do you sub-lease to roommates?

Posted on January 20th, 2017

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Are you a tenant in a share house and the only person on the Lease? If the answer to this question is yes, it is likely that you are actually subleasing the property for the purposes of the Residential Tenancies Act 2010. There are a number of important considerations you should be aware of if you are subleasing a residential property, including:

 

  1. Consent – You are required to obtain the Landlord’s prior consent before you sublease a residential property to a third party. If you fail to do so, you are likely in breach of your own Residential Tenancy Agreement and are at risk of your Agreement being terminated by the Landlord.
  2. Written Agreements – The Residential Tenancies Act 2010 provides that a written residential tenancy agreement must be in place. This requirement also applies to your sublease to a roommate for example. Standard Residential Tenancy Agreement can be easily downloaded from the NSW Fair Trading website.
  3. Head Tenant Obligations – If you sublease a residential property to a third party, you are considered to be a ‘Head Tenant’. A Head Tenant is treated, for all intents and purposes, as a Landlord under the Residential Tenancies Act 2010. As a result, a Head Tenant has significant obligations under the Residential Tenancies Act 2010 that they should be aware of.

If you are subleasing a residential property and wish to become informed of your rights and obligations, we recommend you contact our office as soon as possible so that we may provide you with appropriate advices.

Lachlan Page is a Solicitor at Mullane & Lindsay and practises primarily in commercial litigation, commercial property transactions and estate planning and administration.  If you require any assistance in this area please contact Lachlan Page to arrange a consultation or contact our Newcastle office.

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