CHANGING TENANTS DURING A TENANCY
One of the most common changes to a lease agreement is the change to the tenants listed on the agreement.
When everyone agrees to this change, it can be a simple process however there are some main points to remember.
- Get the consent of the other co-tenant(s) and the landlord – this should always be in writing.
- The new tenant may need to complete an application or the remaining tenants may need to be able to prove that they can continue their obligations without the assistance of the tenant leaving.
- Sign an agreement to this affect outlining who is staying and who is leaving.
- If a co-tenant leaves during the tenancy, they will need to get their share of the bond from the tenant moving in, or those remaining. The full bond must always remain at the RTA.
- Complete a Change of Bond Contributors (Form 6), and lodge it with the RTA – or your agents can do this for you but all parties must sign.
When tenants change during a tenancy, the property manager/owner must agree to any changes on the tenancy agreement.
The owner agreed to a lease with those listed tenants so the owner may not agree to the removal or change of the agreement. If this happens the tenants will need to lodge a Form 16 Dispute with the agents/owner and possibly proceed to QCAT to request the change to the agreement.
If a new tenant wants to move into the property, the owner has the right to ask for an application to be completed to ensure the new tenant has a good rental history and can afford the rent.
Similarly, if there is a tenant leaving and the owners have concerns about the remaining tenants being able to pay rent or meet their obligations, the owner may request a new application from the remaining tenants.
Another common issue we see is when the leaving tenant(s) doesn’t meet their obligations. A vacating tenant should return their room/area to the same standard as the original Entry Condition Report which may include cleaning of carpets, curtains, pest spray etc. The remaining tenants would need to approve this before refunding the bond to the tenant – remember the remaining tenants pay for the Bond refund while their share of the Bond at the RTA increases.
If there is a dispute over the Bond and the amounts, you can speak with the RTA who can help guide you on your rights and obligations.
Remember that the original Entry Condition Report applys to the remaining tenants so the tenant that leaves, must bring their area/room back to this standard.
Any damage brought up at the end of the tenancy would be claimed from the remaining tenants – not the vacated one.
All agreements over Bond amounts can be discussed verbally but is always recommended to be confirmed in writing as well.
Signing a lease with friends is a firm contract, you should always consider who you are living with before agreeing to any contract or leases.