Disclaimer: This fact sheet is provided as general information only. We encourage you to seek independent legal advice regarding
your specific circumstances. © Tenants Queensland Version 2 – Jan 2016
1
The law requires
that lessors and
head-tenants put
tenancy agreements
in writing. However
a tenancy
agreement can still
exist even if the
agreement is
implied, oral or only
partly in writing.
The Residential Tenancies and Rooming Accommodation Act 2008 (the Act) is the law that
covers residential tenants and lessors and rooming residents and providers in Queensland.
This law may apply to you if you rent shared accommodation. The Act applies to all bond
money that is paid for residential accommodation, including share accommodation.
Each type of renter has different rights and responsibilities under the Residential Tenancies and Rooming
Accommodation Act (the Act) – and some types of shared accommodation are not covered at all. This factsheet will help
you if you live in a sharehouse and you are trying to work out your legal status under the lease. It is important to know
what your rights and responsibilities are so you know what steps to take when moving into a place, paying a bond,
ending your agreement or applying to get your bond back.
What type of renter am I?
Co-tenancy, sub-tenancy and rooming accommodation
agreements are covered under the Act. However,
boarders and lodgers are not except for the application
of rules about bonds.
Renters who are covered by the Act
Tenants
If you are a tenant, you alone will be named as the
tenant and have signed the tenancy agreement.
You will pay rent to the agent or lessor.
Co-tenants
If you are a co-tenant, both you and your
other co-tenants will have signed a
tenancy agreement and named as
tenants. Co-tenants have joint and
severable liability, which means that
each tenant may be held liable for the
whole tenancy individually or all the
co-tenants may be held liable jointly.
You will all pay rent to the agent or
lessor.
Sub tenants
Sub-tenants are not named as tenants on
the tenancy agreement. The tenants named
on the agreement must get written permission
from the lessor/agent to sub-let. However a sub-
tenancy may exist even if there is no written
agreement. There may be evidence the lessor/agent
knows and has agreed to the sub-tenancy. For example
a sub-tenant may have filled out an application form
with the agent and been approved.
If tenants rent to a sub-tenant the tenant/s named on
the tenancy agreement are referred to as head-tenants.
Head tenants have the same rights and obligations as a
lessor in relation to the sub-tenant. For example they
must provide a written agreement, provide rent
receipts and lodge any bond.
Sub-tenants may pay rent to the head tenant/s, or
directly to the agent/lessor. However head tenants are
responsible to the lessor for the whole tenancy,
including the actions of the sub-tenant or any
visitors or guests in the property.
Rooming accommodation resident
A resident is a person who rents a room
and shares facilities such as the kitchen
and bathroom with other residents. To be
a resident there must be four or more
rooms, including your own, available for
rent. If the provider of the
accommodation does not live in the
premises, you are a rooming resident
regardless of the number of rooms for
rent.
The provider of the rooming accommodation
is required to put the rooming agreement in
writing using an RTA form 18 R. If this is not done,
your verbal agreement is still covered by the Act
Rooming residents may pay rent directly to their
accommodation provider, or there may be an onsite
caretaker. In rooming accommodation there are often
house rules that you must follow.
Share Housing
Sharehouse facts for renters in Queensland
Tenant, sub-tenant or lodger? Your legal status
Disclaimer: This fact sheet is provided as general information only. We encourage you to seek independent legal advice regarding
your specific circumstances. © Tenants Queensland Version 2 – Jan 2016
2
Living in Shared Housing Sharehouse facts for renters in Qld
Student accommodation
If you rent a room in purpose-built student
accommodation you are likely to be a resident.
However, if you rent a room in on-campus university
accommodation the Act does not apply.
Opting in to tenant rights and responsibilities
If you live in rooming accommodation and are given a
Residential Tenancies Authority (RTA) General tenancy
agreement (Form 18), to sign you will be covered by the
parts of the Act that apply to tenants, instead of parts
that apply to residents.
The Act provides better protection for tenants
compared to residents, so by using a general tenancy
agreement this implies your lessor has agreed to
provide you with more substantial rights.
Renters who are not covered by the Act
A Boarder or Lodger
You will be a lodger if you rent a room only (and share
facilities) from someone who lives in the property and
there is less than four rooms available for rent. A
boarder also receives food as part of their agreement.
There are often house rules and rent will be paid to the
accommodation provider.
If you are a boarder or lodger you are not covered by
the Act with the exception of any bond you pay. Rules
in the Act about bonds apply and your bond must be
lodged with the RTA. At the end of your tenancy you
will need to claim your bond back from the RTA by
lodging a Form 4 (Refund of Rental Bond).
If you are a lodger, it is helpful if you put your
agreement in writing so that everyone knows what is
required of them.
Still not sure if the Act applies to you?
It can be difficult to determine what tenancy laws, apply
to your accommodation, especially if you live in a
sharehouse. If you are still not sure what type of renter
you are you can seek further advice.
Apply to QCAT for a decision
If you are having a dispute over what type of renter you
are, you can apply directly to Queensland Civil and
Administrative Tribunal (QCAT) under section 418 of the
Act, for an urgent hearing and a decision. To apply to
QCAT you will need to fill in an Application for Minor
Civil Dispute – Residential Tenancy Matter (QCAT
Form 2). QCAT forms are available online at
www.qcat.qld.gov.au.
The Tribunal will set a date for a hearing where they can
look at your evidence and decide if you are a tenant,
sub-tenant a rooming resident or if your agreement is
not covered by the Act. They can also decide if your
agreement is for a fixed period of time or not.
Put agreements in writing
Whilst it’s not required by law, it is good practice to
have an agreement between you and your housemates
about how the house operates and how you live
together.
Co-tenants
If you’re a co-tenant, setting out what’s expected of
each other regarding the cleaning and shared bills or
how disputes will be resolved can be helpful. This
agreement is different to the tenancy agreement, which
is a legal contract between the lessor or agent and all of
the co-tenants, who are each individually and jointly
responsible.
See the sample share house agreement at the end of
this factsheet.
Boarders and Lodgers
If you are a boarder (renting a room) or a lodger
(receiving a room and services like meals) it’s even
more important to set out the terms of your
accommodation in writing because the legal rules which
apply depend on the circumstances. By putting your
agreement in writing the rules will be clear to both
parties and cannot be changed or forgotten along the
way.
Disclaimer: This fact sheet is provided as general information only. We encourage you to seek independent legal advice regarding
your specific circumstances. © Tenants Queensland Version 2 – Jan 2016
3
Living in Shared Housing Sharehouse facts for renters in Qld
Share agreements
If you share accommodation the following is a list of
things you might discuss and consider putting in a
written agreement.
Names of the parties and contact details
The agreement between the parties (for example,
‘X agrees that Y can rent a room as a lodger’, or ‘X
and Y are co-tenants and have equal responsibility
for the tenancy’)
State whether the agreement is periodic (e.g.
ongoing week to week) or for an agreed fixed term
(e.g. a three month lease)
How much notice you must give if you want to
leave and how you must give notice (verbal, written
etc).
RENT
o How much rent you pay and how you will pay.
o (Co-tenants) Is rent paid by each person or is
rent collected and paid by one person?
Shared service charges
o How will services (e.g. electricity, internet,
phone) be paid for?
Are they included in the rent?
Will they be a shared expense?
Whose name will be on the accounts and
how will this person recover money from the
others?
Guests and visitors
o Is it necessary to give notice about visitors?
How much notice?
o Can visitors stay overnight?
o How long or frequently can someone stay
before they have to contribute to the
household funds?
Use of shared amenities
Responsibility for tasks, such as cleaning etc.
Tips for Happy Sharehouses
Your sharehouse is going to work better in an
environment that is safe, happy and secure. Here are
some tips for ensuring that living in a share house runs
as smoothly as possible.
Choose your housemates wisely
Set ground rules early
Draw up a roster for cleaning and other jobs
Establish a clear process for paying rent,
groceries, and other household bills
Keep the lines of communication open
Queensland Statewide Tenant Advice Service (QSTARS) - www.QSTARS.org.au
QSTARS is a statewide advice and referral service for Queensland tenants. This service is managed by Tenants
Queensland in partnership with community organisations across the state.
Tenants Queensland (TA)– www.tenantsqld.org.au
Tenants Queensland is an independent community organisation that aims to assist all Queensland tenants. We
gratefully acknowledge funding from the Queensland Government Department of Housing and Public Works.QSTARS
program and the Commonwealth Government Community Legal Service Program
For free tenancy advice call:
Tenants Queensland QSTARS advice line
1300 744 263
9am – 5 pm Mon to Fri
And 5pm to 7pm Tues and Wed
www.tenantsqld.org.au
Further information:
Residential Tenancies Authority (RTA)
1300 366 311 www.rta.qld.gov.au
Disclaimer: This fact sheet is provided as general information only. We encourage you to seek independent legal advice regarding
your specific circumstances. © Tenants Queensland Version 2 – Jan 2016
4
Living in Shared Housing Sharehouse facts for renters in Qld