The Share Housing Survival Guide - city scape graphic
Sections tab graphic
• Introduction
• Looking for a place
• Moving in & money stuff
• The legal situation
• Living in a share house
• Moving out (or being kicked out)
• Share housing - the future
• Glossary
• Contact points
• Extras
• Acknowledgements / legal info
• Site map
• Downloads
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Moving out (or being kicked out) - tab graphic
• Introduction
• Scenario 1 - Your landlord terminates the agreement
• Scenario 2 - You want to leave
• Scenario 3 - A flatmate moves out leaving you to pay all the rent
• Scenario 4 - You want one of your flatmates to leave
• Scenario 5 - Your flatmates are trying to kick you out
• Sample assignment of a tenancy agreement

(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).

© Redfern Legal Centre 2005