Share houses in the ACT: a guide for housemates

Which share house arrangement are you in?

Arrangement	What it means	Rules that apply
Co-tenant	You’re one of two or more tenants named on the lease with the lessor	Tenancy law, including the co-tenancy rules
Sub-tenant	You rent from a tenant (the head tenant) with the lessor’s written consent	Tenancy law, with the head tenant in the lessor’s shoes
Licensee	You moved in without the lessor’s written consent or the proper process	No tenancy or occupancy rights (section 128)
Occupant (boarder or lodger)	You rent a room in the owner’s own home, or in student halls, a boarding house or similar	Occupancy rules

A tenant can’t create an occupancy agreement. If you rent a room from someone who is themselves renting, you’re a sub-tenant (with the lessor’s consent) or a licensee (without it).

If a lessor rents rooms separately and doesn’t live there, each room may be its own tenancy, or it may be an occupancy agreement if the agreement says so. Check the wording of what you signed.

Liability for rent and damage

The Renting Book says that if one co-tenant breaches the agreement, the other co-tenants are liable to the lessor, for instance for unpaid rent or damage by one housemate. You’re also responsible for damage by guests you let in.

A new co-tenant takes on responsibility for the house as it is, including damage done by earlier housemates. Before you pay your bond share, compare the original condition report with the house.

In a sub-tenancy, the head tenant answers to the lessor for the sub-tenants. Sub-tenants aren’t liable for what the head tenant or other housemates do.

When a housemate wants to leave

1. Ask in writing. The leaving housemate asks the lessor and each remaining co-tenant for consent at least 21 days before the leaving day (section 35A).
2. Fixed-term lease: the lessor and remaining co-tenants can refuse, whether or not it’s reasonable.
3. Periodic lease: they must not unreasonably refuse. They’re taken to consent unless they respond within 21 days and apply to ACAT within 21 days for an order allowing the refusal.
4. Once consent is given, the lease continues with the remaining housemates and the leaver’s obligations end.

If someone leaves without consent, their liability under the lease continues. In a periodic tenancy, a 3-week notice to vacate from a tenant ends the tenancy for everyone, so talk to your housemates first.

A co-tenant experiencing family violence can leave by giving a family violence termination notice without anyone’s consent. Get advice from the Tenancy Advice Service.

When a new housemate joins

1. Ask in writing at least 14 days before the joining day. Anyone who doesn’t respond within 14 days is taken to consent (section 35C).
2. The lessor must not unreasonably refuse and must give written reasons if they do. Other co-tenants can refuse for any lawful reason.
3. If only the lessor refuses, the existing tenant can apply to ACAT. The new person becomes a co-tenant on the day the application is made, and ACAT decides whether the refusal was reasonable.
4. The new housemate gets the condition report no later than the day after joining.

Social housing and crisis accommodation need everyone’s consent, with no ACAT pathway.

Bonds when housemates change

• The bond stays lodged. It isn’t refunded and re-lodged when housemates change.
• A housemate leaving: within 14 days, the remaining co-tenants pay them the bond they put in, and tell the Territory. They can deduct the leaver’s unpaid rent and other reasonable costs (section 35B).
• A housemate joining: within 14 days, they pay their bond share to the other co-tenants and the Territory is told (section 35F).
• ACT Rental Bonds uses a co-tenant change request form. Its process asks every tenant, including the one leaving, to sign.
• Unequal shares: the bond is paid out in equal shares unless all the tenants sign a statement saying otherwise.

Keep a written record of who paid what.

When everyone moves out

The lessor can give the bond release form to just one co-tenant, but a joint release needs everyone’s signature. If one person won’t sign, another can apply alone; the others then have 2 weeks to dispute it. See rental bonds and moving out.

Sorting out disputes with housemates

• About the lease (rent shares, bond shares, damage, someone leaving or joining): ACAT can hear disputes between co-tenants (section 72). It can order a co-tenant to leave on at least 3 weeks’ notice, or set a share of utility or damage costs.
• About living together (chores, noise, bills outside the lease): the Renting Book lists the Conflict Resolution Service for free mediation.
• Advice: the Tenancy Advice Service can help with disputes between tenants.