Share House Laws by State in Australia: Sub-Tenants, Boarders, Bonds and Disputes
The short answer: your rights in a share house depend on your state and your status. Co-tenants are on the lease. Sub-tenants rent from a head tenant and are covered by tenancy law in most states, but not Tasmania. Boarders and lodgers usually rely mostly on their agreement.
This table is a plain-English summary, not legal advice. It simplifies the law, and tenancy rules change often. Check the official source for your state, or call a tenants' advice service, before you act.
Whatever your state, put it in writing. Start with our free sample agreement, or create and e-sign one from $3.99.
Share House Rules by State and Territory
On a phone, swipe the table sideways to see every column.
| State | Sub-tenants covered by tenancy law? | Boarders and lodgers | A sub-tenant's bond | Where disputes go |
|---|---|---|---|---|
| New South Wales | Yes, with a written agreement. The head tenant has the same legal responsibilities as a landlord | Generally outside the Residential Tenancies Act 2010. A registrable boarding house may fall under the Boarding Houses Act 2012 | Head tenant lodges it with NSW Fair Trading within 10 days | NCAT |
| Victoria | Yes, if the landlord gave written consent. The sub-renter needs exclusive possession of part of the home, such as a lockable room | Licensees are not covered by rental laws. Four or more sub-leases in one property may make it a rooming house | Head renter lodges it with the RTBA within 10 business days | Rental Dispute Resolution Victoria, then VCAT. Rental laws generally do not cover disputes between renters over bills or chores |
| Queensland | Yes. The head tenant has the same rights and responsibilities as a lessor | Outside the Act, except for bonds | All bonds go to the RTA, generally within 10 days, including for boarders and lodgers | QCAT, after RTA conciliation for many disputes |
| Western Australia | Yes, with the landlord's permission. The head tenant provides an agreement and condition report | The Residential Tenancies Act 1987 does not apply. Someone with exclusive possession of a room may really be a tenant | Head tenant lodges it with Bonds Administration | Magistrates Court. Consumer Protection does not handle disputes between co-tenants |
| South Australia | Depends on the facts. Subletting without the landlord's written consent is invalid unless SACAT decides consent is not required | Regulated by common law and other statutes, unless it is a rooming house | Tenancy bonds are held by Consumer and Business Services. Ask CBS how yours should be lodged | SACAT for tenancy matters. Shared cost disputes between joint tenants may need mediation or the Magistrates Court |
| Tasmania | No. The Residential Tenancy Act 1997 does not apply to the sub-tenant, and the head tenant must live at the property | Boarding premises are a separate category, where each person has their own lease | Paid to the head tenant, without the protections of a bond held by the Rental Deposit Authority | Sorted out between the parties. The Residential Tenancy Commissioner cannot help a sub-tenant |
| ACT | Yes, with the lessor's written consent. Without it, you may only be a licensee with no tenancy rights | Boarders and lodgers can have occupancy agreements. A tenant cannot create one, so a room rented from a tenant is a sub-tenancy or a licence | Lease bonds sit with ACT Rental Bonds. Ask the Tenancy Advice Service about a sub-tenant's bond | ACAT, including disputes between co-tenants about the lease |
| Northern Territory | Yes, if you have exclusive possession and the landlord gave permission. The head tenant acts as your landlord | Without exclusive possession, you are usually relying on your contract | Usually paid to the head tenant. Get a receipt and the bond terms in writing | NT Consumer Affairs can advise. NTCAT decides tenancy disputes |
Which One Are You?
- Co-tenant: your name is on the lease with everyone else's. You generally share responsibility to the landlord
- Sub-tenant or sub-renter: you rent from someone on the lease, who acts as your landlord in most states
- Boarder, lodger or licensee: you have permission to stay, usually without exclusive possession of a room. The person you pay keeps control of the home
The label on your document doesn't settle it. Exclusive possession, such as a room you can lock, often matters more. In NSW and Queensland, the tribunal can decide which category you fall into. See how your status affects notice.
Three Things to Do Whatever Your State
- Check the lease and get permission before taking in a housemate. See whether subletting is allowed
- Get a receipt for any bond, and find out where it is being held
- Write down the deal: rent, bond, bills, house rules and notice. Bills are easier to settle with our free bill split calculator
Put Your Share House Deal in Writing
Describe your arrangement in plain English, then e-sign an agreement covering rent, bond, bills and house rules. From $3.99.
Start Your Agreement →Sources: NSW Government, Tenants' Union NSW, Consumer Affairs Victoria, Tenants Victoria, Tenants Queensland, WA Consumer Protection, Law Handbook SA, Tasmanian Consumer Affairs, Tenants' Union of Tasmania, Tenants ACT, NT Government: share houses, NT Government: boarders and lodgers.
Frequently Asked Questions
Do I need the landlord's permission to get a housemate?
If you are subletting, generally yes. Most states require the landlord's written consent, or treat a sublet without permission as a breach or invalid. In several states, including Victoria, South Australia, Tasmania and the Northern Territory, a landlord cannot unreasonably refuse.
Which state gives sub-tenants the least protection?
Tasmania stands out. Its Consumer Affairs guidance says the Residential Tenancy Act 1997 does not apply to sub-tenants, so a written agreement matters even more there.
Can the tribunal settle an argument between housemates?
It depends on the state and your status. ACT guidance says ACAT can hear disputes between co-tenants about the lease, while Victoria says rental laws generally do not cover disputes between renters over bills or chores. A signed agreement gives you evidence wherever the dispute ends up.
How often is this table updated?
The date at the top shows when it was last checked. Tenancy law changes often, so confirm the current rule with the official source for your state before acting.