• The place to find the right expertise and make better decisions
  • Find the right expertise
melanie w.
melanie w.
Mosman, NSW
0 Likes
0 Followers

I am the tenant on the lease. I sub-let the room to a housemate privately. I stupidly do not have her sign anything. She gave me Bond (4weeks rent) and 2 weeks in advance when she first moved in. 6 months later- She tells me she is moving out the week before rent is due (with only 1 weeks notice of her move out date)
She moves out July 8th. Rent was due July 3rd. She did not pay. This means she was Not covered by rent from the 3rd to the 8th of her living at the house. Can you help me!?

3 years ago

Responses

Hi Melanie

Thank you for your question

Whilst I’m not a real estate agent it might be worthwhile having a quick look at your tenancy agreement to establish a tenants obligations should they choose to sub lease the premises. If you’re not able to find the agreement, this link might be helpful - https://www.tenants.org.au/factsheet-18-transfer-and-sub-letting

Unfortunately, this might be an issue between you and your old housemate, however, I’d like to offer an important piece of advice.

Despite how you're feeling, as the lease is in your name it is really important you continue to meet the obligations under the tenancy agreement until you come to an agreement with the landlord and property agent. The last thing you want to do is compound the situation by not paying the rent and having an issue with your credit file.

Communication is the key, I hope this helps

Best wishes

Paul

Hello Melanie,

This tenant assist website is very helpful to sort out co-tenancy disputes and there is a free help line to discuss your matter.

A sub-tenancy is treated differently to a head tenant(you) and because you had no written agreement it may be the case that there may not be any minimum notice required by the sub-tenant.But please get in touch with Tenants NSW below to seek further clarification.

https://www.tenants.org.au/factsheet-15-share-housing

Best of luck.

Comments

Thanks Paul and John,

The thing is... Rent was due the 3rd of July (Monday) She did not move out until the 8th which means for 1xweeks she had her things on the room without being covered by rent. To me- because that week was not paid for- I feel it is only reasonable she pay for that 1xweek her things were in the room. She doesn't seem to think so and wants to take me to small claims court. What are my rights?

Hello Melanie,

If she did not give vacant possession (physically vacated the property with her belongings) of the space she occupied then rent is chargeable on a daily rate pro rata till she gave vacant possession.All tenancy matters are disputed at the tenancy tribunal (NCAT) and final judgement stems with the tribunal member hearing the case and by way of evidence you provide to them justify the rent claim.

I strongly suggest you call Tenants NSW to seek further clarification and decide if the dollar amount involved is worth you pursuing the sub-tenant via a tribunal which is the only small claims tribunal that can handle these sorts of matters.

More information here....

http://www.ncat.nsw.gov.au/

3 years ago

I really appreciate the help john- The thing is, I did not lodge the bond through fair trading (I was never told to do this by my real estate) and am wondering if I broke the law by not having a rental agreement with my housemate.

Your Answer

If you wish to include a video or audio response, you can do this by including links to Youtube, Vimeo or SoundCloud (https://www.youtube.com/watch?v=xxxxxxxxxx OR https://vimeo.com/xxxxxxxxx)

<% error.message %>