Sub-letting
Changes to Queensland rental laws came into effect from 6 June 2024. Further changes began on 30 September 2024. Learn more.
If a tenant would like to sub-let a room in a rental property, they must get written permission from the property manager/owner. Approved occupants should also be listed in the special terms of the tenancy agreement.
Rules of sub-letting
When a tenant named on an agreement gives another person the right to rent part, or all, of the property they are called a head-tenant.
As a head-tenant, they have the same responsibilities as a property manager/owner. That includes providing the sub-tenant with:
- a written tenancy agreement
- an Entry condition report - houses and units (Form1a) or moveable dwelling/site (Form 1b)
- The RTA's Pocket guide to tenants – houses and units (Form 17a)
- receipt for bond money paid (see below)
Any agreement between a head-tenant and sub-tenant should be in writing, and it is recommended to include arrangements for sharing bills (e.g. utilities and other service charges).
Whether occupants are co-tenants or sub-tenants depends on their specific circumstances and what has been agreed with the head-tenant.
If there is uncertainty about whether a person is classified as a tenant or a sub-tenant, call the RTA or make an urgent application to QCAT for a decision.
The property manager/owner is not responsible for resolving disputes between tenants.
Rent
Property managers/owners (or in this case head-tenants) must offer sub-tenants at least two options to pay rent. One of these options must not exceed reasonable transactional costs (costs in addition to standard bank transaction fees), and it must be reasonably accessible to the sub-tenant.
Service charges
For general service charges in tenancy agreements, moveable dwellings, and rooming accommodations where tenants/residents pay for utilities or other services, a property manager/owner (or in this case head-tenant) must provide a sub-tenant with a copy of the document from the relevant service provider that shows the charges. This must be done within four weeks of the head-tenant receiving the document or the sub-tenant does not have to pay.
This requirement applies to individually metered utilities for moveable dwellings including utilities services for rooming accommodations. It does not include service charges or utilities services that are included in the rent.
Bonds
From 30 September 2024, the maximum bond allowed to be taken is equivalent to 4 weeks rent, regardless of the weekly rent amount.
Generally, all bonds must be lodged with the RTA either by using the Online Bond Lodgement facility, or by post, using a Bond lodgement (Form 2), even when sub-letting or in boarder or lodger situations, failure to do so is an offence. All bond contributors must be listed on the form along with the amount paid.
Anyone receiving a bond must give a receipt to the person who pays the bond to them. This could be the property manager/owner or head-tenant.
Leaving the property
Before leaving a share home, all tenants should pay their share of any costs for cleaning, damage or unpaid rent.
Sub-letting fact sheet
If a tenant would like to sub-let a room in a rental property, they must get written permission from the property manager/owner. Approved occupants should also be listed in the special terms of the tenancy agreement.