Tenancy information

What is a Co-Tenancy?

A co-tenancy is where there is a tenancy agreement with more than one tenant listed on the agreement. Each tenant is known as a ‘co-tenant’. Co-tenancies include share houses as well as couples living together where both members of the couple are on the tenancy agreement.

Joining or leaving a co-tenancy and updating the bond

People can remove and/or add a co-tenant only if they obtain consent from the other co-tenants and the landlord. It is the responsibility of the tenants to notify the Rental Bonds Office of the changes by lodging a Co-tenant change request 194KB  , 77KB.

Note: This does not apply where there is an outstanding ACT Housing Rental Bond Help Loan.

Further information regarding leaving a tenancy can be found at Ending a tenancy - ACT Government.

What happens to the bond when there is a co-tenant change?

When a co-tenant leaves or a new co-tenant joins a co-tenancy, the original tenancy agreement continues, meaning the bond does not need to be refunded. However, the co-tenants on the bond (the tenants listed as having paid a bond with the Rental Bonds Office) will need to be updated with Rental Bonds Office.

The tenants will be responsible for notifying the Rental Bonds Office of a change in who has an interest in the bond by lodging a Co-tenant change request 194KB , 77KB.

Further information regarding co-tenancy changes is located in the Renting Book which can be found at Rental laws in the ACT - ACT Government.

Disputes in relation to co-tenant bond refunds

Co-tenant changes may lead to disputes between tenants about if, and when, a person should have been added to or removed from a bond, the ACT Civil and Administrative Tribunal (ACAT) can decide disputes relating to co-tenants. Tenants can apply to the ACAT directly or where requested the Rental Bonds Office can refer a dispute between co-tenants to the ACAT. If a tenant is not listed on a bond held the referral will be independent to the bond held, until the ACAT notify the Rental Bonds Office by Tribunal Order.

Further information regarding co-tenancy disputes can be found at Ending a tenancy - ACT Government.

Ending a tenancy because of domestic or family violence

A tenant who has experienced domestic or family violence can end their tenancy agreement at any time.

The tenant will not pay a break lease fee to end a fixed-term tenancy early.

Further information on the process can be found at Ending a tenancy because of domestic or family violence - ACT Government.

Informing the Rental Bonds Office

The landlord must give the Rental Bonds Office a Notice to Territory. They must do this within 7 days after the tenant has left the property.

The notice informs the Rental Bonds Office that a tenant has used a family violence termination notice. The office can then be aware of this when they are dealing with the tenant’s bond.

Remaining co-tenants

A landlord must not tell any co-tenants that a tenant is leaving because of domestic or family violence. They must wait until after the tenant has vacated.

After the tenant has left, the landlord must give each co-tenant a Notice of continuing tenancy. They must do this within 7 days after the tenant has vacated.

The remaining co-tenants who choose to continue the tenancy agreement must pay the full rent for the property and pay the tenant who has left their share of the bond. The remaining co-tenants must inform the Rental Bonds Office once they have paid the leaving tenant their share of the bond by completing a Notice to Territory of Bond Payment to Leaving Tenant.

Support services

If someone has experienced domestic or family violence there are services that can help.