Subletting Residential Properties (Tas)
In Tasmania, it is common for residential properties to be sublet to one or more subtenants or transferred to another person. A tenant requires the permission of the owner to transfer or sublet residential premises. This page deals with subletting residential properties in Tasmania.
Residential tenancies in Tasmania are governed by the Residential Tenancies Act 1997.
Under section 49 of the Residential Tenancies Act 1997, a tenant is not to sublet premises without the consent of the owner. A tenant may only sublet if they are also an occupier of the premises or are subletting on an employee (unless the tenant is a social housing provider or Homes Tasmania).
Under section 49A of the Residential Tenancies Act 1997, a tenant is not to transfer their rights and obligations under a residential tenancy agreement without the consent of the owner.
Under section 50, of the Residential Tenancies Act 1996, an owner is not to unreasonably refuse to give consent under section 49.
What is subletting?
When a tenant (the head tenant) sublets a property, they rent out part of the property to another person (the subtenant). The head tenant remains responsible to the owner for the entire property, while the subtenant is responsible to the head tenant for the property.
A tenant may decide to sublet because they want to share the property with one or more other people. If the owner agrees to this occurring, the tenant should make a written agreement with each subtenant, clearly setting out the terms of the agreement such as the amount of rent to be paid and whether any bond is payable.
If the head tenant collects a bond from the subtenant, this must be paid to the Bond Authority.
What is transferring?
When a tenant transfers their interest in a property under a tenancy agreement, they hand over their rights and responsibilities under the lease to another person. This usually occurs when a tenant needs to vacate a property before the end of a fixed-term rental agreement.
When a tenancy agreement is transferred, the original tenant is no longer a party to the lease. The new tenant takes over and becomes responsible to the owner for the property.
Where an owner does not consent to subletting
If an owner withholds consent for a tenant to sublet premises and the tenant believes this is unreasonable, they may apply to the Magistrates Court for an order allowing them to sublet the property without the owner’s consent.
If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.