Residential Tenancies Act 1997

A co-tenant (the leaving co-tenant) may stop being a party to a residential tenancy agreement only—

with the consent of the lessor and each remaining co-tenant under the agreement; or

by order of the ACAT under section 35G (1) (a) or (d); or

in accordance with section 46D (Termination for family violence).

For subsection (1) (a), the leaving co-tenant must seek the consent of the lessor and each remaining co-tenant—

by notice in writing (the consent application); and

at least 21 days before the day the leaving co-tenant intends to stop being a party to the residential tenancy agreement (the proposed leaving day).

The lessor and each remaining co-tenant—

if the proposed leaving day is during the term of a fixed term agreement—may refuse consent whether or not it is reasonable to do so; but

if the residential tenancy agreement is a periodic agreement on the proposed leaving day—must not unreasonably refuse consent.

For subsection (1) (a), the lessor and a remaining co-tenant is taken to consent if—

they do not respond to the leaving co‑tenant within 21 days after receiving the consent application; and

in the circumstances mentioned in subsection (3) (b)—they do not apply to the ACAT, within 21 days after receiving the consent application, for an order under section 35G (1) (b) or (2) to refuse consent.

If consent is given to the leaving co-tenant stopping being a party to a residential tenancy agreement—

the agreement continues between the lessor and the remaining co-tenants; and

the leaving co-tenant’s rights and obligations under the agreement end.

For subsection (5), a co-tenant stops being a party to a residential tenancy agreement on—

the proposed leaving day or any other day agreed between the parties; or

if the ACAT makes an order mentioned in subsection (1) (b)—the day stated in the order.