Residential Tenancies Act 1997

This section applies if—

a tenant under a residential tenancy agreement (an existing tenant) wants another person (a new person) to become a co‑tenant under the agreement; and

the premises are not a social housing dwelling or crisis accommodation.

To remove any doubt, this section does not apply to the grant by an existing tenant of a sub-tenancy or a bare licence to occupy the premises.

Example—bare licence

Ollie is a tenant in a house under a residential tenancy agreement. Ollie’s brother, Loki, is going overseas and needs a place to stay for 2 weeks. Ollie has said that Loki could stay in the spare room until he goes.

The new person may only become a co-tenant under the residential tenancy agreement—

if the existing tenant obtains the consent of the lessor and any other existing tenant; or

if the existing tenant makes an application to the ACAT under section 35D.

For subsection (3) (a), the existing tenant must seek the consent of the lessor and any other existing tenant—

by notice in writing (the consent application); and

at least 14 days before the day it is proposed the new person will become a co-tenant under the residential tenancy agreement (the proposed joining day).

The lessor must—

not unreasonably refuse consent; and

if the lessor refuses consent—tell the existing tenant and the new person, in writing, the reason for refusing consent.

For subsection (3) (a), the lessor and any other existing tenant are taken to consent if they do not respond within 14 days after receiving the consent application.

If consent is given to the new person becoming a co-tenant under the residential tenancy agreement—

the agreement continues with the new person becoming a co‑tenant with the existing tenants; and

not later than the day after the new person becomes a co‑tenant, the existing tenants must give the new person a copy of—

if the agreement is a consecutive tenancy agreement—the original condition report and any subsequent condition report for the premises; or

in any other case—the condition report for the premises.

For subsection (7), the new person becomes a co-tenant on the proposed joining day or any other day agreed between the parties.