Sub Leasing
Lawyers & Barristers

A sublease is a lease arrangement between the original tenant and a new tenant. Some tenants or landlords find this arrangement to be beneficial because it means rent payments are more likely to be received. However a sublease agreement has its downsides too. As a landlord, it is important to consider if you want your property to be let to a third party that you have no control over. As a tenant looking to sublease, you should screen prospective subtenants closely as you will be responsible for all damages to your landlord’s property your subtenant causes. If you want the power to sublet the property, consult a property lawyer today to find out about your rights, obligations and options.

The landlord: this is the owner of the whole property.

The head tenant: this is the original tenant the landlord agreed to lease the property to. Between the landlord and the head tenant, they have a head lease contract.

The subtenant: this is the tenant the head tenant leases to. The agreement between them is called a sublease.

If you are a tenant, ensure you get your landlord’s approval to sublet their property before you do so. Failure to consult your landlord may result in you breaching your lease agreement and can result in you being evicted.

If you received your landlord’s approval to sublet the property, and you find a subtenant, you will essentially have become the ‘landlord’ to the subtenant. It means:

• Your subtenant has to report to you regarding any repairs to be done, and you have to report this to your landlord.
• If your subtenant causes damage to the property, your landlord can claim compensation from you. You will then need to recover this compensation from your subtenant.
• You are responsible for your subtenant paying rent to you and complying with other terms of your sublease.

Visit a lawyer for a more comprehensive list of your responsibilities and duties.

Many people are confused by the difference between a sublease and a co-tenancy. A sublease is not a co-tenancy. They are two different things, and all parties such as the landlord and the tenants have different rights and obligations. A property lawyer will advise you on what type of arrangement you have depending on the facts of your situation, and how this affects your obligations and dispute.

As a landlord, the law requires your approval before your tenant can sublease to new tenants. You cannot unreasonably withhold your consent, or in other words, refuse without a good reason. You also cannot charge a fee for allowing your tenant to sublease.

If you don’t want to agree to a sublease, or you want to find out more about your rights if your tenant does want a sublease, consult with a property lawyer immediately.f

Tenancy disputes are heard in the Magistrates Court of WA. In addition to court resolution, you can also opt for the less formal and less expensive option of mediation. Before you consult your lawyer, think about:

• How the dispute arose.
• What your contract says.
• If you and the other party had other emails, discussions or words about the lease.
• What you want from the dispute resolution.

Your lawyer will refine the possibilities that are open to you and ask you for further documents or evidence that will support your case in court or in mediation. Visit a lawyer to resolve your tenancy disputes today.