Change of Shared Tenancy
Often in shared accomodation there will come a point in which you may want to vacate the property while your co-tenant/s want to stay or vice versa. This webbook is a guide on how to change your shared tenancy.
Important Note: At least ONE of the original tenants must continue in occupation. If there are no original occupants then a new lease needs to be signed and the bond will need to be claimed and relodged.
Relevant Links:
Residential Tenancy Agreement - Rights and Obligations
Transfer of Tenancy or Sub-letting by Tenant
The landlord and tenant agree that:
32.1 The tenant may, with the landlord's written permission transfer the tenant's tenancy under this agreement or sub-let the residential premises, and
32.2 The landlord may refuse permission (whether or not it is reasonable to do so) to the transfer of the whole of the tenancy or sub-letting the whole of the residential premises, and
32.3 The landlord must not unreasonably refuse permission to a transfer of a tenancy or a sub-letting of part of the residential premises, and
32.4 Without limiting clause 32.3, the landlord may refuse permission to a transfer of part of the tenancy or to sub-letting part of the residential premises if the number of occupants would be more than is permitted under this agreement or any proposed tenant or sub-tenant is listed on a residential tenancy database of it would result in overcrowding of the residential premises.
Outgoing Co-Tenant
1. Inform your co-tenants that you intend to leave the property.
2. Upon agreeance, inform Gerber Properties in writing of who will vacate and who will remain at the property and the date of changeover. Is there a new tenant taking your place? If so, include their details and refer to section INGOING CO-TENANT.
3. Make an appointment for all co-tenants (new and old) to see your Property Manager. At this meeting all parties will need to sign a Co-Tenancy Transfer Agreement and Bond Form. At this meeting we will be able to answer any questions you may have about this process.
4. Bond remains in full at the Rental Bond Board until ALL parties vacate. Your portion of the bond should be received from either:
a) the incoming tenant who will pay you out, or
b) your current co-tenants, who will pay you out
5. Cancel any Direct Debit for your rent and ensure the existing co-tenant/s or ingoing co-tenant has arranged full rent payment with Gerber Properties.
Ingoing Co-Tenant
1. Email your application form to pm@gerberproperties.com.au. See link below.
2. Attend the appointment for all co-tenants (new and old) to see your Property Manager. At this meeting all parties will need to sign a Co-Tenancy Transfer Agreement and Bond Form. At this meeting we will be able to answer any questions you may have about this process.
3. Pay bond to outgoing co-tenant (if applicable).
4. Ensure your rent is set up for payment.
Bonds
In order to transfer your bond, a Change of Shared Tenancy Arrangement form from the rental bond board will need to be issued.
1. Previous Tenants; this section must be signed by all the tenants currently registered with rental bonds
2. New Tenants; this section must be signed by all of the remaining and new tenants to be registered for this bond
Relevant Links:
Tenancy Application - Ingoing Tenant