Subletting

Sub-letting means renting out your room to another person who is not listed on the lease.

You may want to sublet your room in a share-house if you were going to be away for a number of months and wanted someone else to make the rent repayments, or you could sublet a room in your rental property to someone else.

Before entering into a sublet agreement the landlord of the property must consent to the arrangement in writing.  When you sublet, the person subletting is known as the subtenant. Subtenants have the same rights and responsibilities as other tenants renting privately (except in Tasmania – check the Tasmanian section below), however because your name will remain on the lease until its expiry, any damage caused by the subtenant or the subtenant’s failure to pay rent will still be your responsibility.

If you are moving out of a share-house but co-tenants are remaining, it is best that you involve them in finding a new person to move in to your room. You could also ask the Landlord whether, instead of a sublet arrangement, the person subletting could be named on the lease.  If the Landlord agrees, the person subletting becomes a tenant and has to adhere to the lease contract.

Differences between states

NSW

For useful information on your rights and responsibilities as a tenant you can contact the Tenants NSW website for factsheets.

Victoria

Tasmania

Currently, subtenants do not have the same rights as any other tenant under the current Residential Tenancy Act.

Should you need advice or have a query about subletting, you can contact the Tenant’s Union of Tasmania on 1300 652 641.