Most share housing is in the private rental market - that is, the houses are owned by individual property owners and leased at market rent. However, share housing is also available in a very limited way in public and community housing. Whether or not you have a written tenancy agreement tenants in private rental, public housing and community housing are all covered by the Residential Tenancies Act 1987.
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PRIVATE RENTAL

The private rental market includes properties advertised through Real Estate agents and private landlords. Most newspapers have 'To Let' and 'Share Accommodation' sections for places in the private rental market. Check out local community papers as well as daily papers like the Sydney Morning Herald. Internet sites such as www.domain.com.au, www.realestate.com.au and www.flatmates.com provide a quick method of checking out specific suburbs or general areas. There are also agencies which charge a fee to find a place for you. This may be a good option if you're too busy to look for a place yourself, but not so good an option if you want to keep expenses down. You can also get listings of places to rent from real estate agencies.

If you are a young person thinking about moving into a share house for the first time, talk to a counsellor at your school or a youth worker at your local youth centre (if there is one nearby) about where you can find places to live. Check noticeboards at your youth centre also.

If you are a tertiary student, there may be an accommodation officer at your college, university or TAFE campus. They will be able to give you a listing of share houses in the area and other assistance finding accommodation. Contact the students' representative organisations at your institution for more information.
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UNIVERSITY COLLEGES AND HOMESTAYS

University students should be cautious when choosing from the many and varied accommodation options available to them. Universities often maintain a listing for enrolled students of accommodation close to campuses, but because there is little or no vetting of the list you will need to check out the suitability of advertised vacancies. You should be prepared to question the provider of the accommodation as to the nature of what is being offered.

Some vacancies may be advertised as ‘Homestay’ – a term that can mean different things to different people. For some international students the term may imply an opportunity to stay with a family and learn more about Australia. The reality may be a tiny room at an exorbitant price with little contact with those living in the house.

Female students should be careful of visiting homestay vacancies by themselves. It is often good to take a friend along to get another opinion. Be cautious of anyone putting pressure on you to make a decision immediately. Ask for time to think about your decision, and discuss the advantages and disadvantages with a friend.

Accommodation providers may also advertise as being ‘student friendly’. Remember that you will not just need to live in the house but also study there as well. Ask yourself whether the environment is going to be at all conducive to study.

Universities are moving more and more into the accommodation market themselves – offering accommodation that is owned and operated by the University. This is usually self-catered furnished accommodation, often with a shared bathroom, living room, kitchen and laundry. You may be required to vacate the accommodation during university holidays and many of these accommodation arrangements do not afford you the rights of a tenant.

Be wary of private accommodation associating itself with a University. With both private and University accommodation seek advice on your rights as a tenant either before signing up or if you run into a problem. Do not accept on face value information from providers of accommodation that you do not have legal protections under the Residential Tenancies Act – seek advice from your local Tenants Advice and Advocacy Service (See Contact Points).
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DEPARTMENT OF HOUSING

If you and a friend or group of friends are eligible for public housing, you can apply for share housing through the Department of Housing. Most people sharing Department accommodation are family or partners but all applications from prospective co-tenants will be accepted and assessed for eligibility according to Department guidelines. The department's policies can be viewed at www.housing.nsw.gov.au. Generally applicants must be at least 18 years of age, but sometimes younger people can apply at the discretion of the Department. Other criteria on which applications are decided include residence in NSW, immigration status, financial circumstances and your ability to successfully maintain a tenancy. Applications can be made for different types of premises depending on housing needs, for example, two bedroom share accommodation could be sought by a person and their carer, on the grounds that this arrangement was necessary for medical reasons.
Department of Housing waiting lists for accommodation are very long, so if you are eligible you will have to be prepared to wait some time for a place to come up. Contact the Department for full information about making an application (see Contact Points).

Before you move in with someone already living in public housing, it is necessary that they get the permission of the Department. If they don't and you move in, the tenant will be in breach of their residential tenancy agreement and could be evicted. They could also be charged with rental rebate fraud, leaving them with a large debt, as rent is calculated according to the gross income of all adults in a household.

The Department of Housing is exempt from the section of the Residential Tenancies Act which gives occupants the right to apply to be recognised as a tenant when the original tenant dies or leaves the premises. If you have been living in public housing and the tenant dies or leaves, you should contact a tenants' advice service as soon as possible for advice about applying to become the tenant under the Department’s ‘Succession of tenancy’ policy. (See contact points).
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COMMUNITY HOUSING

In your search for a share house you may also come across community share houses. Community housing is a low-income alternative to public housing, providing affordable housing for specific groups of tenants (for example, young people, people with disabilities, people of a particular ethnic background, students etc.) and emphasising tenant participation in the management of the housing.

There are two types of community housing: housing associations and housing co-operatives. Housing associations are generally managed by housing or welfare organisations and often provide additional living support for the tenants. For example, people living in community share houses for young people may have access to a support or youth worker. Houses are run differently depending on the different needs of the different groups. In most community share houses, it is common practice for each tenant to have their own residential tenancy agreement with the managing organisation. For information on housing associations, call the NSW Federation of Housing Association on (02) 9281 7144.

Housing co-operatives are managed by the tenants themselves and are designed for people who want to have some control over their housing but cannot (or do not want to) buy their own place. Generally other support services are not provided. Although in theory it may be great that your landlord is a board of tenants, some problems can arise from this blurring of the landlord and tenant role - and arguments between tenants in a co-operative can have an effect on the overall management of the co-operative. Despite this blurring of roles, co-op tenants are covered by the Residential Tenancies Act and can apply to the Consumer, Trader and Tenancy Tribunal if there has been a breach of their tenancy agreement. For the purposes of the Act, the co-op as a whole is recognised as the landlord and individual members as the tenants.
If you decide you want to live in a co-op share house, you would need to apply to become a member of the co-op and show that you respect the principles of co-operative housing (which include sharing responsibility for administration of the co-op and respecting the rights of other tenants). You would also need to meet their eligibility guidelines depending on the type of co-operative, for example, a low-income co-operative would require that the majority of tenants were on a low-income. If you are thinking about moving into a co-op, it's worth talking to other members about how the house works to decide if this is the best option. For more information about co-operatives, contact ARCH (the Association to Resource Co-operative Housing) on (02) 9361 6834.
Renting warehouses

These days, more and more people in the inner-city are choosing to live in warehouse spaces as opposed to standard houses or flats. The problem is that often this involves signing a commercial lease rather than a residential tenancy agreement, which means you are not covered by the Residential Tenancies Act.

However, despite what the landlord/agent says, if you are using the premises predominantly as your residence, you have the right to have a residential tenancy agreement regardless of the original function of the building. If the agent refuses, you should ask to have it recorded on the lease that the premises are being used for residential purposes. This will help your case if you have problems with your landlord and want to apply to the Consumer, Trader and Tenancy Tribunal to resolve the matter. If the premises are zoned for residential use, this strengthens the argument that you should be given a residential tenancy agreement. You can contact the local council for information on the zoning.

For more information about signing a commercial lease and problems with warehouse tenancies, contact your local community legal centre or tenancy advice service (see Contact Points).