The gist of the legislation
Tenants can sublet a rental property with permission from the landlord.
The important parts, at a glance
We’ve picked out the key parts of the legislation and made them as easy as possible to read and understand.
1.
If a tenant wants to sublet the property they are renting, they can request permission to do so from the landlord.
2.
The tenant must provide the request to sublet in writing and the owner must provide a response in writing usually via email.
3.
The tenant can request to sublet at any time during their tenancy and the landlord can accept at any anytime. This can be within or outside of a fixed term tenancy agreement.
4.
The provision does not need to be stated in the contract, although if a new agreement is due to be signed, the provision should ideally be stated in it. However the agreement is still between the landlord and the tenant that is listed on the agreement.
5.
If a tenant is approved to sublet they are wholly responsible for any breaches to the tenancy agreement by the person/s subletting the property.
6.
The tenant is responsible for any communication with the person/s subletting the property. A property manager will still only communicate anything related to the property tenancy to the tenant/s on the agreement. The same applies when the person/s subletting wants to discuss anything related to the property, they must communicate through the tenant/s on the agreement, not directly with the property manger.
