Know what type of tenant you are 

It’s important to know what type of tenant you are as your rights can be different depending on which category you fall into.

Co-tenant

Your name and the names of other tenant/s are on the tenancy agreement for the premises. You share rights and obligations with the other co-tenant/s.

Head-tenant

You’re a tenant (your name is on the tenancy agreement for the premises), you live at the premises, and you sublet part of the premises to another person under a separate written agreement. That person is a sub-tenant.

You’re a landlord in relation to the subtenant. For information about your rights and obligations as a head tenant, visit NSW Fair Trading or contact them on 133 220.

Subtenant

You’re sharing with a tenant (their name is on the tenancy agreement for the premises) who has sub-let part of the premises to you under a separate written agreement. That person is your head tenant.

You have the rights and obligations of a tenant in relation to the head tenant – they’re your landlord. If you’re a subtenant and you pay a bond to the head tenant (or co-tenants), they must lodge it with Fair Trading. They must also give you a receipt – unless details of the payment are recorded in your tenancy agreement. If you’re depositing the bond into their bank account, use the description ‘bond for (your address)’.

Boarder or lodger

Not all renters are tenants – some are boarders or lodgers and are covered by the NSW Boarding House Act 2012 occupancy principles.

How to tell if you are a tenant or a boarder/lodger

If the landlord keeps overall control of the house, including your room, then you’re likely to be a boarder or a lodger. The most common situations are where you share a house with the owner, or you live in a large property with beds for 5 or more residents. Many boarding houses have strict house rules.

The person who operates the boarding house is known as the proprietor, and they will usually require a security deposit (no more than 2 weeks’ rent), sometimes referred to as a bond.

The proprietor must give you a receipt for any money you pay them, whether it is for occupation fees (rent), the security deposit (bond), utility charges or any other charges.

For more information on boarding houses, read Boarding/lodging: frequently asked questions.

Share houses

Many students live in share houses as a more affordable housing option and a way to connect with other people. There are different legal obligations in share houses, depending on if you are head tenant, co-tenant or sub-tenant.

To understand your legal rights and obligations, we recommend you read the Share Housing Survival Guide (NSW) published by Redfern Legal Centre, Inner Sydney Tenants’ Advice and Advocacy Service.

Disclaimer

This information is current as of November 2024 and is intended as a guide to the law as it applies to people who live in or are affected by the law as it applies in NSW. It does not constitute legal advice.