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.
Further information can be found on the factsheet Introduction to Co-Tenancies.
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 ACT Rental Bonds of the changes by lodging a Co-tenant change request 194KB , 77KB.
For information regarding co-tenant changes, refer to the factsheets Joining a Co-Tenancy and Leaving a Co-tenancy
Note: This does not apply where there is an outstanding ACT Housing Rental Bond Help Loan.
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 bond with the ACT Revenue Office will need to be updated with ACT Rental Bonds.
Please refer to the Factsheet Bond and condition reports in co-tenancies for further information.
The tenants will be responsible for notifying ACT Rental Bonds of a change in who has an interest in the bond by lodging a Co-tenant change request 194KB , 77KB.
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 ACT Rental Bonds 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 ACT rental bonds office by Tribunal Order.
The factsheet Disputes in relation to co-tenancies outlines dispute resolution processes if disputes do arise.