This stuff can be such a headache! Make sure you know what you're getting yourself into. Some important things to remember no matter what type of lease you are on:
- Read what you are signing and make sure you understand it.
- Make sure you do your Entry Condition Report properly (this has to be done if you pay a bond) and record any damage as you will be liable later. You must be given this report either before, or on the day your lease starts. Take your time doing it and record even the smallest mark as the Entry Condition Report is vital to the refund of your bond at the end of the tenancy. Take photos of what the place looked like when you moved in so you can prove the condition of the place if there is a dispute later. Also remember to return the report within 3 days of handover day (the day your lease starts).
- Make sure you get a receipt for any money you pay including rent and bond.
- Your bond should be lodged by the lessor with the RTA within 10 days. You will receive verification of this in the form of an official RTA receipt.
Each type of tenancy has its pros and cons. Think about what will work for you, and if you want to find out more contact a Counselling Services Welfare Officer, International Student Advisor, QUT Accommodation Service or the tenancy organisations listed.
- Co-tenancy – is where everyone living in the house signs the lease and so all have equal rights and responsibilities. Some of the pros of this type of tenancy is that each tenant has the same rights so no one person can claim ownership, also bonds are lodged directly to the RTA so it is clearly recorded how much each person pays. Some of the cons – if one person forgets to pay the rent you are all responsible and it may impact on all of your tenancies. Similarly if one person causes damage it will come from all of your bonds. The other thing that some find a con in share houses is if you move out you will need to negotiate payment of a bond with the person moving in and make sure that your name is removed from the lease and change of bond details form, called a "Change of Shared Bond Arrangement" (Form 6), is lodged. This is very important because as long as your name stays on the documentation you remain responsible.
- Sub-tenancy – is where one or more persons (the head tenant) signs a tenancy agreement with the lessor. The head tenant/s is the one with the relationship with the lessor and takes on all of the responsibilities of the tenancy. Other people who move into the house then become sub-tenants. The lessor must approve sub-tenants before they can move in. The head tenant takes on the responsibility of entering into a tenancy agreement with the sub tenants. The agreement cannot be longer than the agreement the head tenant has signed with the lessor. The head tenant can also request a bond from sub-tenants but they must lodge this with the RTA within 10 days (you will receive verification of this). Some of the pros of this type of tenancy are that there is only one (or a few) people who are directly responsible to the lessor. It can be easier to change house mates, particularly if a living situation is not working (you do need though to use correct procedures). Some of the cons – it can give one person a lot of power within the share house which can at times be a bad thing. Also if the head tenant does something to break the lease, e.g. not paying rent, you will also need to leave. If you are the head tenant a pro is that you will have more control of your living situation, but a big con is that if a sub-tenant does major damage to the property and then leaves, you will be the one who is ultimately responsible.
With both co-tenancy’s and sub-tenancy’s it is important to remember that if the members of your share house change you must notify the lessor. They may ask the new person to complete an application but they should not unreasonably refuse the change of tenants. If you are having difficulties with this you can utilise the RTA’s Dispute Resolution Service.
- Boarding House and Student Accommodation – these styles of accommodation are covered by Rooming Accommodation Agreements If you are the person named on the agreement you are the one who is legally responsible for the premises. If you want to move out or to have someone move in with you, the provider’s permission will be needed. The agreement will outline any services that you and the provider have agreed to. Make sure that any services that you have verbally arranged, such as internet access, are spelt out in the agreement. Check for the house rules - its important that you read these and you think that they are OK to live by before you sign the agreement. Also make sure you read and agree with any special terms because they are a part of your agreement. When you sign the agreement, you agree to follow the rules. If you are not OK with the house rules and special terms you may soon be in breach of your agreement. For more info check out the information on the Tenants' Union of Queensland Website.
Remember if you live in university run accommodation you will not be covered by the Residential Tenancies and Rooming Accommodation Act 2008. Only the rules around the handling of bond money will apply, and only from January 2010.