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The recent report on the ‘landlord from hell’ sparked a lively debate on the Fairfax Interweb pages. Basically it was a list of 31 do’s and mostly don’ts handed to Londoner Laura Evelyn when she was searching for a flat share.
The control-freak restrictions of everything from the length of time she could cook, to the duration of showers and a complete ban on pork in the house have gone viral. If you haven’t read it already, you can find it HERE.
At least the author of the rules was upfront about their various rules and obsessions and, while there are plenty of informal flat sharing arrangements around, it’s worth clarifying whether you are a technically a boarder, lodger or sub-tenant.
In very broad terms, boarders and lodgers are more like guests in a B&B, while official co or sub-tenants have more rights on things like notice to quit and privacy. The NSW Tenants Union Factsheet 14 explains this in some detail.
For sub-tenants, especially sharing with people they don’t know, you’re advised to have a separate written agreement that allows disputes to be resolved formally if they arise. By the way, in a rented property, the head tenant has to have the landlord’s permission to sub-let a room.
You can access the pro-forma agreement for NSW HERE, while there is separate advice for sub-tenants from each of the Tenants Unions in Victoria, Queensland, ACT, WA, Tasmania, and NT. There is no Tenants Union in South Australia but you can get information and advice HERE.
This document for the Tenants Advisory Service in WA, explains the differences between boarders, lodgers and tenants in considerable detail. Our thanks go to Tenants NSW for their comprehensive links to tenancy advice services interstate.
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