Removing a Flatmate Who's Not on the Lease
Quick answer: if your flatmate never signed the head lease, you generally don't use the same eviction process a landlord uses on a tenant — that process only applies to the person(s) actually named on the tenancy agreement. What actually applies depends on which of three situations you're in, and it varies by state. This is general information, not legal advice — for anything contested, check your state's tenants' advisory service before acting.
Search "how to evict a flatmate" and most results are either about formal tenant eviction (wrong process if they're not on the lease) or US content that doesn't apply here at all. This guide is specifically about the Australian, flatmate-to-flatmate version of the problem.
Why This Isn't the Same as Evicting a Tenant
A residential tenancy eviction is a legal process between a landlord and a tenant named on the lease, run through state tenancy legislation and a tenancy tribunal (VCAT, NCAT, QCAT, and equivalents). If your flatmate's name was never on that lease, they're usually not a "tenant" in the eyes of that legislation at all — which means the landlord's eviction process, and the tribunal's jurisdiction to hear it, generally doesn't apply to them directly. Your situation with them is a separate, private arrangement, even though it lives inside the same house.
The Three Situations, and Which One You're In
1. You're both named on the same lease (co-tenants)
If you signed the lease together, you're both tenants with equal standing — neither of you can unilaterally "evict" the other. Ending the arrangement generally means one of you formally leaves the tenancy (with the landlord's and remaining tenant's agreement), or the whole tenancy ends and a new one is signed. This is a negotiation between the two of you and the landlord, not something a tribunal will resolve by picking a winner.
2. They're a sub-tenant under a written arrangement with you as head-tenant
If you're the only one on the lease and you sub-let a room to someone with a written agreement, you take on landlord-like responsibilities toward them in several states — meaning ending it properly usually still means giving written notice, not just telling them to go. NSW Fair Trading notes that where the head-tenant lives at the property and there's a separate written agreement, the head-tenant must adhere to the obligations of a landlord under the Residential Tenancies Act 2010. Queensland's Residential Tenancies Authority takes a similar approach — a head-tenant who sub-lets a room takes on the same responsibilities as a property manager toward that sub-tenant.
3. Nothing was ever put in writing — a genuinely informal arrangement
This is the most common real-world situation, and the least clearly covered by any legislation. If there's no written sub-tenancy agreement and no lease with their name on it, your flatmate is generally not protected by residential tenancy law in most states — but that doesn't mean you can simply lock the door or throw out their belongings. Self-help eviction (changing locks, removing property, shutting off access without any notice) can still expose you to legal risk, informal arrangement or not. The safe path is the same either way: give clear written notice, with a specific date, and keep a copy.
If the property is a registered rooming house (a formally licensed shared-accommodation type, distinct from an ordinary share house), a separate, more formal process applies — a written "Notice to Leave" with its own required form and notice period (for example, Form R12 in Queensland). If you're not sure which category your situation falls into, that distinction matters, so check with your state's residential tenancies authority before assuming either the tenant-eviction or informal-flatmate process applies.
What Notice Actually Looks Like in Practice
Because situation 3 above has no single settled legal process in most states, "how much notice" is genuinely unclear territory — which is exactly why disputes here get messy. In practice, the notice period that's treated as fair usually scales with how established the arrangement is:
- A flatmate who moved in weeks ago on a casual, no-agreement basis — a shorter notice period (commonly a couple of weeks) is often treated as reasonable
- A flatmate who's lived there for months or years under a stable informal arrangement — a longer period (closer to a full rental-style notice, e.g. 4+ weeks) is the safer, harder-to-challenge approach
- A written sub-tenancy agreement with its own agreed notice clause — follow whatever you both signed
What actually prevents this problem: a written agreement made when the flatmate first moves in, setting out how much notice either side needs to give if it doesn't work out. Without one, "how much notice is fair" becomes exactly the kind of argument that ends up needing mediation or a tribunal to sort out after the fact.
If They Still Won't Leave
If a clear written notice with a reasonable date has passed and your flatmate still refuses to leave, you generally cannot physically remove them or their belongings yourself — doing so can create legal risk regardless of whether they were ever a formal tenant. Escalation paths, roughly in order:
- Free mediation — most states offer a free or low-cost dispute resolution service (e.g. Rental Dispute Resolution Victoria) that can help even where a tenancy tribunal doesn't have direct jurisdiction over the dispute
- A formal letter of demand — if unpaid rent or bond contributions are part of the dispute, not just the notice itself
- Your state's small claims tribunal — for the money side of the dispute; it won't force someone out of a property, but it can resolve what's owed
- Legal advice — if it's genuinely stuck, a tenants' advisory service (free in most states) or a solicitor can confirm the exact right process for your specific arrangement and state
Sources: NSW Government — Sharing a Residential Rental Property, QLD Residential Tenancies Authority — Sub-letting Fact Sheet, Tenants Victoria — Rooming House Notices.
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Create Your Housemate Agreement →Frequently Asked Questions
Can I just tell my flatmate to leave if they're not on the lease?
You can ask, but "just telling them" with no notice and no written record is the version most likely to end in a dispute you can't easily prove your side of. A dated, written notice — even a text or email, ideally something more formal — is the safer approach regardless of which of the three situations above applies to you.
Do I need to go to VCAT, NCAT, or QCAT to remove a flatmate?
Generally not, unless they're a co-tenant named on the same lease as you, or a formal sub-tenant covered by your state's tenancy legislation. For a genuinely informal arrangement, these tribunals typically don't have direct jurisdiction over removing the person — though their general civil or small claims lists can still resolve money owed between you.
Can I change the locks if my flatmate won't leave?
This carries real legal risk. Even where a flatmate isn't a formal tenant, self-help removal (changing locks, removing belongings, cutting off access without notice) can expose you to legal consequences. Follow the written-notice and escalation path instead.
What if my flatmate stops paying their share of rent but won't leave?
These are two separate issues. Unpaid rent is a money claim — pursue it via a letter of demand and, if needed, small claims. Getting them to actually leave the property still follows the notice process described above; withholding cooperation on one doesn't change the process for the other.
Is a flatmate the same as a boarder or lodger?
Not necessarily — "boarder" or "lodger" often implies a more formal, sometimes licensed arrangement (like a rooming house) with its own specific rules. An ordinary share-house flatmate arrangement is usually more informal than that. If you're unsure which category applies, check with your state's residential tenancies authority before assuming either process.