Sharehouse

Sharing the rent doesn't mean sharing the rights.

Four arrangements look similar from the outside. The legal protections are completely different. Knowing which one you're in is the first move.

Co-tenants

Full RTA protection

All housemates sign the same lease. Everyone has the same rights and the same obligations to the landlord.

You have

All named on the bond — refund split is agreed between you.
All have equal rights to occupy and use the property.
All entitled to notices from the landlord.
All can challenge a rent increase, repair refusal, eviction notice.

Watch out for

Joint and several liability — the landlord can pursue any one of you for the full rent or damage cost.
If one housemate leaves, the others are still on the hook for the full rent unless the lease is varied or transferred.
Adding a new co-tenant requires the landlord's written consent (not unreasonably withheld).

Head tenant with sub-tenants

Partial RTA protection

One person signs the lease with the landlord. They then sub-let rooms to others. The head tenant becomes the sub-tenant's landlord for the purposes of the Act.

You have

Sub-tenant has rights AGAINST the head tenant (not the landlord) — same protections as any tenant.
Sub-tenant entitled to a written agreement, condition report, receipts, notice periods.
Sub-tenant's bond should be lodged with NSW Fair Trading by the head tenant (this often isn't done — flag it).

Watch out for

If the head tenant loses the lease, the sub-tenants lose their right to occupy as well.
Sub-letting requires the landlord's written consent under the head lease. Without it, the sub-tenancy is in breach.
If the head tenant pockets the rent and doesn't pay the landlord, the sub-tenants are still vulnerable to eviction by the landlord, even though they paid in good faith.

Listed on the lease as 'occupant'

Limited RTA protection

You live there but you're not a tenant — your name appears as an 'authorised occupant', or you don't appear at all and just pay your housemate informally.

You have

You have no rights under the lease — only against whoever you pay rent to.
If the tenant on the lease asks you to leave, you must leave with reasonable notice.

Watch out for

No protection against the lease tenant ending your arrangement at will.
No claim against the landlord for repairs, bond, or notices.
Worth converting this into a sub-tenancy or co-tenancy if you intend to stay long-term.

Boarders and lodgers

None RTA protection

You pay for a room in someone's home where the owner/head tenant also lives, and meals or services are provided. Not covered by the Residential Tenancies Act 2010.

You have

Reasonable notice to leave (typically the period covered by your last payment).
Right to recover unused rent paid in advance.

Watch out for

No bond protection, no statutory minimum notice, no NCAT jurisdiction.
Disputes are dealt with by the courts, not NCAT.

The practical questions

Who actually owes the rent?

If you're a co-tenant, everyone owes everything. If you're a sub-tenant, you owe your head tenant; the head tenant owes the landlord. The landlord can only chase the head tenant — but if the head tenant doesn't pay, the landlord can terminate the head lease, which affects you.

How do you split the bond at move-out?

Agree in writing before anyone moves in. The bond is one pool held at Rental Bonds Online, so when one housemate leaves, you submit a change-of-tenant form to transfer their share to the incoming person, or refund it once the property is reinspected.

Can I add a new flatmate without telling the landlord?

Not safely. If they're going on the lease, you need landlord consent (not unreasonably withheld). If they're just an occupant, technically you don't need consent — but if it changes the number of people on the property materially, the landlord can argue it.

One of us wants to leave. Now what?

Options: (1) the leaving co-tenant assigns their share of the lease to a new person, with landlord consent (2) you all break the lease together and pay the break fee (3) the remaining co-tenants negotiate a new lease in their names. Don't just have someone 'move out' — they remain legally responsible until the lease changes.

Sharehouse-proof your arrangement

Get the house rules in writing.

Most sharehouse disputes are about money that nobody wrote down. Run the lease through the lease check, then agree on rent split, bond split, bill split, and the leaving-process in a simple co-tenant agreement.

Check the lease →