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Share House Lease Agreement

Discussion in 'Property Law Forum' started by Willy, 1 July 2014.

  1. Willy

    Willy Member

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    My daughter is currently in a share house and is the only person on the lease. Two of the previous tenants moved out giving 4 weeks notice. She has been unable to fill one vacant room within that time. The next moths rent is due each tenant pays for their room however because the last room is empty they do not have the full amount of rent. She contacted the owner of the property to explain the situation however he still expects the full months rent. Is this situation legal and where does she stand legally in this situation as she is the only person on the lease. She asked for this to be changed due to this situation however the owner said no.
     
  2. James D. Ford - Solicitor

    James D. Ford - Solicitor Well-Known Member

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    Hi Willy, the requirements and paperwork required may change between every State / Territory but the effect is likely to be identical. As the only person on the lease, she is responsible for payment of the full rent to the Landlord. When the lease expires and is up for renewal, your daughter may wish to attempt to negotiate with the Landlord to add co-tenants to the lease.

    In the meantime, I suggest she read up on the following if in Qld (or the equivalent in your state/terrritory) and put in place written consent by the LL, bonds, standard RTA agreements (with a copy to the person), inspection reports, etc. with all current and future sub-tenants to comply with the legislation and protect herself legally.

    In Qld (for example) –– please refer to the following fact sheet issued by the RTA - Residential Tenancy Authority which sets out how share accommodation is supposed to be done to comply with the legislation.

    http://www.rta.qld.gov.au/Resources...e-homes-cotenancies-and-subletting-fact-sheet

    "Sub-tenancies - A sub-tenancy agreement is with the head tenant and not with the lessor/agent. There is a distinct and separate agreement between the head tenant and the lessor/agent. There is no direct agreement between the sub-tenant and the lessor/agent. Only the parties named in an agreement are liable for losses caused under that agreement. However, the sub-tenant may be liable to the head tenant if the head tenant incurs a loss as a result of a breach of the agreement by the sub-tenant.

    A written tenancy agreement must be completed, naming the head tenant(s) as the lessor and naming the sub-tenant(s) as tenant(s). The sub-tenancy agreement must comply with the Act and the standard terms. The length of the term of the sub-tenancy must not exceed the length of the term of the head tenancy agreement."
    ...

    "Lessor’s permission - The lessor/agent has the right to know and approve of the people residing in the rented home. Thelessor/agent must be consulted about changes and may ask prospective co-tenants or sub-tenants to complete an application for rental form. Approval from the lessor/agent must be given in writing."
    ...


    "Bond - When sub-letting, the head tenant can ask for a bond from the sub-tenant. The bond must be receipted and lodged with the RTA by the head tenant. The head tenant and sub-tenant must lodge the bond money with the RTA, together with a completed and signed Form 2.

    Bonds taken in boarding and lodging arrangements must be lodged with the RTA in the same way as all other bonds.

    Failure to comply with these requirements is an offence. Lessor/agents and head tenants may be prosecuted by the RTA for failing to lodge bonds of tenants, sub-tenants, boarders and lodgers. For more information see the Rental bonds fact sheet.
    Your daughter needs to obtain consent from the LL for each new person entering the property, sort out bond, complete a room inspection report before they move in, and when they move out, have them sign a standard written RTA agreement, and provide them with a copy."


    This will protect her legal rights when situations like what you have described occur, as well as those of the people sharing the accommodation.

    Kind regards, James.
     
  3. Willy

    Willy Member

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    Thanks James she is in Act. We will check the tenancy rules for Act. It sounds like she has a bit of work to do.
    Thanks Again Willy
     

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