LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

VIC Lease and Sub-let Rooms - Does House Become a Rooming House?

Discussion in 'Property Law Forum' started by Jake95, 8 November 2015.

  1. Jake95

    Jake95 Member

    Joined:
    8 November 2015
    Messages:
    1
    Likes Received:
    0
    I am considering to lease a whole house which has 5 rooms, and I am then planning to sub-let at least 4 rooms to others (with the owner's permission).

    Is it okay for me to do this without any extra requirements, or does the house then become classified as a rooming house under Property Law (because it will have more than 3 tenants)?

    Thanks.
     
  2. Louise4007

    Louise4007 Well-Known Member

    Joined:
    8 November 2015
    Messages:
    53
    Likes Received:
    11
    It depends in which state or Territory of Australia you plan to do this.

    In some Australian local councils a person requires permission to establish a rooming house. Additionally, the number of tenants sub letting a house can determine if the premises is classified as a rooming house or not. This can vary between states; anywhere between 3 & 5 subletting tenants. Rooming houses are required by law to comply with certain health requirements (number of toilets/bathrooms etc) as well as building specifications.

    It would be wise to check further details with the Dept of Consumer Affairs and/or the Registered Accommodation Association (rooming houses/boarding houses) in the relevant state as to whether your idea falls within the rooming house criteria.

    If you are planning to sublet rooms only, be sure that permission from the landlord is contained within the rental agreement (contract) on taking up occupation. Be sure to negotiate with the landlord on issues regarding number of tenants & any other terms agreed upon & that these terms are written into the contract. The absence of a written agreement or contract between a landlord & a tenant will not be a binding agreement & could lead to a tribunal or court interpreting any terms by implication of what each party intended to be as the contractual agreement. Of course a contract in place eliminates this need unless the contract is breached by either party.
     
  3. Tim W

    Tim W Lawyer

    Joined:
    28 April 2014
    Messages:
    1,715
    Likes Received:
    402

Share This Page

Loading...