You Want To Leave - Transfer and Sub-Letting
If you have a residential tenancy agreement, you can seek written permission from the lessor or agent, to sublet the premises or transfer the agreement to prospective new tenants. If you need to move out before the end of a fixed term agreement, this is one way to minimise any compensation claim against you.
The lessor or agent cannot unreasonably refuse your request to transfer or sublet the premises and cannot ask you to pay a fee for their agreement to approve a transfer or sublet.
You are also not liable for the cost of preparing a new agreement. However they can request compensation for reasonable expenses incurred in agreeing to the transfer or sublet.
If you have a dispute over your request to transfer or sublet premises, you can apply to the RTA Dispute Resolution Service for assistance. If the RTA cannot help you to resolve the dispute, you can apply to the Tribunal for a decision.
If you rent from the State government, a community housing provider, your employer, or if you are in a short tenancy (moveable dwelling) agreement, your lessor has an unqualifi ed discretion when deciding your request to transfer or sublet.
A transfer is when you pass all of your legal obligations under the tenancy agreement to a new tenant. Your lessor or agent must give written consent before a new tenant can move in. The new tenant may be required to go through an application process.
Any change to an existing shared tenancy agreement must be signed by all parties. This change can be initialled on the original agreement or included in a signed attachment. If a new tenant takes over the whole tenancy, the lessor or agent will usually ask them to sign a new tenancy agreement.
Subletting is when you rent out part, or all of the premises, to someone else. You must have written permission from the lessor or agent before you can sublet the premises.
As head-tenant, you continue to be responsible for the tenancy, whether or not you are living in the premises. You are responsible for the actions of your sub-tenant, including any unpaid rent or damage to the premises.
When you sublet to someone else, you become their lessor and will have the same responsibilities as a lessor under the Act., such as an obligation to lodge any bond payment, ensure there is a written agreement and provide rent receipts or keep a rent record.