People sharing housing are generally covered by the Residential Tenancies Act 1987 and Residential Tenancies Regulation 2006 but the law can be unclear. This factsheets explains some legal issues for people sharing housing in NSW.

Types of tenant

People in share housing usually have their own bedroom and share the rest of the premises. Your rights however will depend on your legal status:

• Co-tenant. If your name and the names of other tenants are on the residential tenancy agreement, you are a co-tenant. This means you jointly share rights and responsibilities with the other people whose names are on the agreement.
• Sub-tenant. If your name is not on the agreement, usually you would be considered a sub-tenant of the person/s whose names are on the agreement (they are then the head-tenant/s). The head-tenant is your landlord, and you have the same rights under the Residential Tenancies Act 1987 against the head-tenant, as other tenants have against their landlord.
• Boarder or lodger. If your name is not on a tenancy agreement, and your landlord or head-tenant has a lot of control of the premises (including over your own room), then you may be a boarder or a lodger – see Factsheet 14: Boarders and lodgers.

If you are not sure which of the above applies to you, call your local Tenants Advice and Advocacy Service (TAAS) to discuss your situation.

Changing tenants

When people move in or out, it is best to sort out their legal status. One way is to draw up a new agreement. Another way is to have the old tenant and new tenant draw up an assignment that must be signed by all parties plus the landlord/agent.

An assignment shows an understanding between all the parties about who will take over the tenancy. However, it does not necessarily end the outgoing tenant/s' legal liability under the tenancy. (Contact your local TAAS for more information.)

If the landlord knows that the old tenants have left, but continues to accept rent from the new tenants, you can apply to the Consumer, Trader and Tenancy Tribunal (CTTT) to be named as the tenant/s under the agreement.

If the tenant on the agreement wants to sub-let a room to someone else, they must have the permission of the landlord. If they do not ask the landlord, they risk having the agreement ended for breaking a term of the agreement.

If the number of people living in your household is more than the maximum number allowed in your agreement, you have also broken a term of the agreement.

Rent receipts

Whatever your tenancy status, you should be given receipts when you pay rent. If not, keep a diary showing each payment and have the person collecting rent sign against your entry each time you pay.

Paying bills

Contracts for services such as phone, electricity and gas are not part of the residential tenancy agreement. If you have a contract with a service provider, you are responsible for ensuring the bills get paid.

If someone does not pay their share of the bills, you can take action in a local court in order to get the money back. See the chamber registrar at a local court, or contact a community legal centre for advice.

Bond money

The names of all the tenants who have paid bond money should be on the bond form.

If one tenant leaves and a new one moves in, fill in a 'Change of Shared Tenancy Arrangement' form (from Office of Fair Trading Renting Services or www.fairtrading.nsw.gov.au).

Have the form signed by the person/s leaving, the person/s moving in and the landlord/agent and return it to Renting Services. (Renting Services will not process the form without the signature of the landlord/agent.)

Contact Renting Services after a few weeks to check the names on the bond have been changed.

If you do not fill out a 'Change of Shared Tenancy Arrangement' when you move in, at least get a receipt for your bond from the person you have paid the money to.

Also, try to get a statutory declaration from the person who has moved out that states that they got their bond back when they left. This may help you claim bond from Renting Services if the tenancy agreement is ended while you live there.

If you are a sub-tenant, the head-tenant must forward your bond money to Renting Services.

If other occupants want you to leave

If you are a co-tenant, the other co-tenants cannot make you leave. Other co-tenants may try to end the tenancy by giving the landlord a notice of termination. This gives the landlord the right to apply to the CTTT to end the tenancy. (Also see Factsheet 09: You want to leave.)

If you are a sub-tenant, the owner or head-tenant must follow the procedures in the Residential Tenancies Act 1987. See Factsheet 10: Landlord ends agreement.

If you are a boarder or lodger, the owner or head-tenant must give you 'reasonable' notice. See Factsheet 14: Boarders and lodgers.

If you want to leave

If all the co-tenants want to leave they must give the correct notice to the landlord under the Residential Tenancies Act 1987. See Factsheet 09: You want to leave.

If you are a sub-tenant, you can give 21 days notice to the head-tenant/s (unless you signed an agreement to stay for a certain period of time).

If you are a boarder or lodger, you should give the head-tenant/s 'reasonable notice'. See Factsheet 14: Boarders and lodgers.

Someone leaves and you cannot find another tenant

If your name is on the agreement, you have to pay the rent until you find someone else. If you fall behind in the rent, explain the situation to the landlord.

If the fixed term of the agreement has ended, you can end the tenancy by giving written notice. See Factsheet 09: You want to leave.

Further information and contacts

• The share housing survival guide (Redfern Legal Centre): www.rlc.org.au/sharehousing
• Local courts: phone 02 9287 7888 or see www.lawlink.nsw.gov.au/lc
• Community legal centres: phone 02 9212 7333 or see www.nswclc.org.au/clcs.html for your local centre

Updated: June 2009

Further help

• Your local Tenants Advice and Advocacy Service: www.tenants.org.au/publish/contact-us
• Other factsheets: www.tenants.org.au/publish/factsheets
• NSW Fair Trading Information Centre: 133 220

The information in this factsheet:
• is intended as guide to the law and should not be used as a substitute for legal advice
• applies to people who live in, or are affected by, the law as it applies in New South Wales, Australia.
© Tenants' Union of NSW.