(a)
... and you're a co-tenant
Co-tenants are said to be “individually and jointly liable”
for the rent. This means that if a flatmate leaves and you continue
to occupy the rented premises, then you are responsible for all
the rent until a new tenant moves in or you decide to end the lease.
You need to have a new tenant approved by the landlord before they
move in.
If you are still within the fixed term of your agreement, it's probably
best to try to get a new flatmate in as soon as possible. If you
have problems, try explaining the situation to your landlord and
asking them to reduce the rent until another tenant can be found.
However, they are under no obligation to do this and may try to
evict you if you fall two weeks behind in the rent.
If the fixed term of the agreement has expired, you might decide
to just give 21 days notice and terminate the agreement. In this
case, you could use some of your bond to cover the rent owing.
If you are left paying all the rent yourself, you could try to get
compensation from your previous co-tenant. This would involve lodging
a 'statement of liquidated claim' through the local court and trying
to recover the money as a debt. However, taking court action can
be difficult, time-consuming and expensive. You should get advice
from a community legal centre or chamber magistrate before you go
ahead. (See Scenario 2(a) for more information on the liability
of co-tenants.)
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(b) ... and you're a head tenant
If a subtenant leaves without giving correct notice (21 days), the
head tenant/s may pursue compensation for loss of rent through the
Consumer, Trader and Tenancy Tribunal in the same way that a landlord
can if a tenant abandons their lease. (See Scenario 1(a) for details.)
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(c) ... and you're a subtenant
If your head tenant walks out and has no intention of returning,
the names on the residential tenancy agreement will no longer match
the tenants actually living in the house. The problem is that you,
as a subtenant, do not have a legal relationship with your landlord.
The best way to resolve this problem is to let your landlord/agent
know what has happened. (Do this in writing - and keep a copy of
the letter.) If you assure them that you are interested in staying
and can pay the rent, they might allow you to stay as a tenant.
You and the landlord may decide to sign a new tenancy agreement
- but be warned: the landlord/agent may seize this opportunity to
increase the rent!
If you have been paying rent and the landlord/agent knows the people
whose names were on the tenancy agreement have gone, you could apply
to the Tribunal to be recognised as a tenant.
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(d) ... and you're a boarder/lodger
With the head tenant gone, you have very few rights in relation
to your landlord unless you inform them of the situation. Again,
the landlord may agree to you staying there, in which case you become
a tenant and should be asked to sign a residential tenancy agreement.
You could also apply to the Tribunal to be recognised as a tenant
(see Scenario 3(c) above).
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