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.
The Residential Tenancies and Rooming Accommodation Act 2008 (the Act) outlines the rules for collection, management and refund of rental bonds in Queensland. The Residential Tenancies Authority (RTA) administers the Act and holds bonds during a tenancy.
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 (Form 1a/b)
- 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. gas, electricity or internet).
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.
Bonds
All bonds must be lodged with the RTA using either RTA Web Services or by completing 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. The maximum amount that can be taken for a bond is 4 weeks’ rent, regardless of the weekly rent amount.
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.
Further information
For more information contact the Residential Tenancies Authority on 1300 366 311.
Accessing RTA forms
The RTA’s forms can be obtained electronically or in person by contacting us.
Other languages: You can access a free interpreter service by calling the RTA on 1300 366 311 (Monday to Friday, 8:30am to 5:00pm). |