TENANT INFORMATION GUIDE FOR TENANTS (VIC) | Page 19

PART 2: During a tenancy

Sub-letting

Bond

In the case of sub-letting, one or more
existing tenants will rent out part or all of
the property to other people. The tenants
who signed the initial tenancy agreement
are the ‘head tenants’ and those tenants
renting from them are called ‘sub-tenants’.

If your landlord gives permission for you to
sub-let and you take a bond from a subtenant, you must lodge the bond with the
Residential Tenancies Bond Authority (RTBA)
within 10 business days. The RTBA will
consider you as a landlord for this purpose.

A tenant must not sub-let without the
landlord’s written approval. A landlord
must give permission, unless there is
a good reason to refuse. It is illegal
to charge a fee for giving permission.
If you sub-let, you will become the
landlord to your tenant and must
take on those responsibilities.

Change of landlord or tenant

If you believe your landlord is refusing
to allow you to sub-let without a good
reason, you can apply to the Victorian Civil
and Administrative Tribunal (VCAT) for a
ruling. If you are living in public housing,
your landlord is generally allowed to refuse
permission for you to sub-let.

Remember:
You must get your landlord’s
written permission before
sub-letting any part of the
property. It is a good idea to seek
advice when considering sub-letting
and before finalising any agreement.

If a new landlord or agent takes
over the property:
• the previous and new landlords/agents
must complete and sign an ‘Agent/
Landlord Transfer’ form and send it
to the RTBA within five days of the
changeover, and
• they must give you a copy of this form.
If a new tenant moves in under the
existing tenancy:
• you must get your landlord’s written
permission to assign the tenancy
agreement to someone else
• the landlord or agent and the
incoming, outgoing and any
continuing tenant must complete and
sign a ‘Tenant Transfer’ form to change
ownership of the bond
• they should not pay the bond directly
to any other tenant without signing a
‘Tenant Transfer’ form
• you must send the form to the RTBA
within five days of the new tenant
moving in.
A fine can be imposed for not sending
a transfer form to the RTBA.

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