26 September 2023

Renters advised on house-share dangers

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WA renters who might be considering taking on a house-mate to ease cost of living pressures have been warned to understand the arrangement they are getting themselves into.

Commissioner for Consumer Protection, Gary Newcombe said the law applied differently depending on whether it was a co-tenancy or a rooming arrangement, and also if the renter was sub-letting.

“In co-tenancies, there is a single tenancy agreement, meaning all tenants are jointly responsible for the full rent amount, bond and condition of the entire property,” Mr Newcombe said.

“This means that if your co-tenant misses a payment, for example, the whole household could be at risk of breaching the tenancy agreement unless they can cover the outstanding amount.”

He said Consumer Protection was generally unable to help resolve disagreements between co-tenants, as they were private matters, “so that’s why we recommend putting everything of importance into writing”.

“A rooming arrangement is different, as each tenant has their own tenancy agreement, meaning they are only responsible for paying their own share of the rent and bills, and are not responsible if another tenant doesn’t meet their obligations,” Mr Newcombe said.

“Rooming arrangements are common in student accommodation and purpose-built living complexes. However, it can work in share houses as well.”

He said that in sub-letting arrangements, an existing tenant rented out some or all of the property, making them the ‘head tenant’ and effectively the landlord.

“This means they are responsible for lodging a bond, collecting money for rent and bills, conducting property condition reports and inspections, as well as organising repairs and maintenance through their own landlord or agent,” Mr Newcombe said.

“In sub-letting arrangements, your tenancy depends on the head tenant’s right to sub-let, and your tenancy will lapse when their tenancy agreement ends.”

More information about shared tenancies can obtained from Consumer Protection on 1300 40 50 54 or online from [email protected].

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