Transfer and sub-letting
As a tenant you have rights under the Residential Tenancies Act 2010 and Residential Tenancies Regulation 2019 . This factsheet summarises the law in NSW about transferring a tenancy or sub-letting the premises.
Transfer or sub-letting with landlord’s consent
With the landlord’s written consent, you can:
- transfer your tenancy under a tenancy agreement to another person, or
- sub-let the premises (or part) to another person.
The landlord must not unreasonably withhold consent when:
- you ask to transfer and one of the original tenants under the current tenancy agreement will remain as a tenant, or
- you ask to sub-let and you will still occupy the premises.
The landlord must not charge for giving consent other than for the reasonable costs of giving consent.
Landlord may withhold consent
The landlord may reasonably withhold consent if:
- the number of proposed occupants is more than allowed by the tenancy agreement or planning laws
- the proposed tenant or sub-tenant is listed on a tenant database (see Factsheet 19: Tenant databases )
- the landlord reasonably thinks that the premises will become overcrowded.
If the proposed transfer or sub-letting is for the whole tenancy or the whole premises, the landlord can withhold consent – whether or not it is reasonable.
Asking consent to transfer/sub-let
Write to the landlord asking for their consent to transfer or sub-let. Provide them with a draft transfer or sub-letting document that specifies by name the proposed tenant or sub-tenant. (See the sample documents below.)
Enclose evidence that the proposed tenant/sub-tenant:
- can pay the rent (e.g. a copy of a payslip or statement from Centrelink)
- is of good character (e.g. a reference from a former landlord or a personal reference).
Ask the landlord to sign and return the consent document to you.
If landlord withholds consent
You can apply to the NSW Civil and Administrative Tribunal (NCAT) for an order that allows the transfer or sub-let. The Tribunal will decide if the landlord’s withholding consent is reasonable.
You must apply to the Tribunal within 3 months of becoming aware that the landlord has withheld consent – do not delay.
See Factsheet 11: NSW Civil and Administrative Tribunal .
Rights and obligations
Upon transferring your tenancy to another person and vacating the premises, your legal liability for the tenancy ends.
A tenant who rents part of the premises to another person under a separate written tenancy agreement is a head-tenant . They have the rights and obligations of a landlord in relation to the other person.
For information about your rights and obligations as a head-tenant, contact NSW Fair Trading (see fairtrading.nsw.gov.au or phone 133 220) or Legal Aid NSW / LawAccess NSW (see legalaid.nsw.gov.au or phone 1300 888 529).
The person who rents part of the premises from a head-tenant under a written tenancy agreement is a sub-tenant. They have the rights and obligations of a tenant in relation to the head-tenant, who is their landlord.
Written tenancy agreements – sub-letting
Having a written tenancy agreement is in the interest of both the head-tenant and sub-tenant:
- the rules are clear – residential tenancies law applies
- the Tribunal is available to resolve disputes.
Download our sample Share Housing Agreement .
See Factsheet 03: Bond .
You can change the names of the tenants registered for the bond by using a ‘ Change of Shared Tenancy Arrangement ’ form (from NSW Fair Trading).
Download our sample Transfer of Tenancy document
Have the forms signed by the outgoing tenants, the incoming tenants and the landlord/agent. Return the bond form to Fair Trading and give all parties a copy of the transfer document.
If it is agreed that the sub-tenant will pay a bond, the head-tenant must:
- give the sub-tenant a receipt on payment
- deposit the money with NSW Fair Trading within 10 working days (unless the bond is paid in instalments – contact Fair Trading for more information about this).
The most bond that a sub-tenant can be required to pay is an amount equal to 4 weeks of their rent.
- Sample share housing agreement
- Podcast episodes: Full house , and Tenants facing additional barriers part 1
- Easy Read fact sheet: When you live in a share house
- Factsheet 15: Share housing
- Factsheet 14: Boarders and lodgers
- Factsheet 27: Boarding Houses Act
- Factsheet 09: You want to leave
- Factsheet 16: Ending fixed-term tenancy early
- Share Houses resources
- Boarding houses resources
- International students resources
- The Share Housing Survival Guide (Redfern Legal Centre)
Factsheet update July 2023
This factsheet is intended as a guide to the law and should not be used as a substitute for legal advice. It applies to people who live in, or are affected by, the law as it applies in New South Wales, Australia. © Tenants’ Union of NSW.
- Request for consent to transfer co-tenancy
- Transfer of co-tenancy - consent withheld
- Transfer of tenancy document
- Factsheet 11: NSW Civil and Administrative Tribunal
- Boarding houses – more resources
- Bond Kit: How to Secure Your Bond
- Complaints to Fair Trading
- Death of a tenant
- Domestic Violence – Ending your tenancy under the Residential Tenancies Act DV provisions
- Easy Read factsheets
- Emergency accommodation info
- Financial assistance for renters
- International students resources
- Public housing – Rental Bonds
- Rent Converter
- Renting with pets in NSW
- Request advice before a Tribunal hearing
- Share housing agreement
- Share Housing Survival Guide
- Tips: Negotiating with the landlord
- Tips: Renting after a disaster
- Tips: Take photos when moving in and out
- Tips: The easy way to claim your bond
- Useful links – housing organisations, legal services, government
- Share houses
- Starting a tenancy
- You want to leave
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Approving a registration for transfer
Special circumstances, offering and allocating a property.
This policy sets out how and when Housing SA tenants can transfer to another:
- public or Aboriginal housing property
- property managed by Housing SA in an Aboriginal community
Transfers are registered in line with the Housing registration and allocation policy.
This policy doesn’t apply in any of the below situations:
- relocating a tenant in line with the Relocations policy
- tenant’s being transferred in line with the Antisocial behaviour policy
- transferring a tenancy to another person in line with the Tenancy succession policy
- tenants who exchange their Housing SA properties in line with the Mutual exchange policy
- tenants housed in line with specialised housing programs, for example the Short Term Housing Program
Tenants can transfer between public, Aboriginal housing and housing in Aboriginal communities.
Tenants transferring to Aboriginal housing must provide confirmation of Aboriginality .
Tenants registering for a transfer to housing in an Aboriginal community must confirm they’re eligible in line with the Eligibility for housing policy.
Housing SA approves a registration for a transfer if the tenant meets any of the below conditions:
- they’ve lived in their present public or Aboriginal housing property for at least 3 years
- they’re eligible for a Category 1 or 2 transfer
- they live in housing in an Aboriginal community managed by Housing SA
Housing SA assesses the urgency of the tenant’s situation and level of housing need to determine which category their registration for transfer to public or Aboriginal housing is placed in.
Registrations for housing in an Aboriginal community aren’t placed in a category. Housing SA assesses the needs of the registrant and other household members to determine their support and housing requirements.
Tenants are eligible for Category 1 if they’re assessed as meeting both below conditions:
- they, their partner or their children are at risk in their current home
- they’re experiencing tenancy issues that make their current home unsuitable in the long term for at least one household member
Tenants are eligible for Category 2 if they’re assessed as experiencing tenancy issues that make their current home unsuitable in the long term for at least 1 member of their household.
Tenants are eligible for Category 4 if they’ve lived in their current property for at least 3 years and they’re not eligible for either Category 1 or 2. They’re placed on the register based on the date they were approved for a transfer. They’re given a benefit of 1 month for every year of their current tenancy.
If the tenant previously had the tenancy transferred to them through a tenancy succession, they’re given an additional benefit of 1 month for every year they lived in the property as another occupant before the tenancy succession took place.
Tenants with a probationary lease agreement
Tenants with a probationary lease agreement are only eligible for a transfer if they’re eligible for Category 1.
They’re offered a 12 month probationary lease agreement at the new property, regardless of how long is left on the probationary lease agreement for their current property.
Tenants who can’t live in their property under the terms of an intervention order can’t register for a transfer. If they’re already registered for a transfer and are then excluded from the property under the terms of an intervention order, the transfer registration’s cancelled.
Tenants with a debt to Housing SA can register for a transfer but are only offered housing if they either:
- maintain an arrangement to repay the debt for 6 months in line with the Account management policy
- are approved for Category 1 and make an arrangement to repay the debt
- are transferring to housing in an Aboriginal community and make an arrangement to repay the debt
Tenants who are declared bankrupt with a debt to Housing SA can register for a transfer but are only offered housing if either:
- the bankruptcy’s discharged
- they’re approved for Category 1
- they’re transferring to housing in an Aboriginal Community
Tenants who transfer to another property are starting a new tenancy and complete all the necessary documents, for example a new lease agreement and inspection form.
Tenants are responsible for giving written notice and paying any charges at their current property in line with the Ending a public housing tenancy policy .
Before moving into a public or Aboriginal housing property, tenants pay rent in advance and a bond in line with the Housing registration and allocation policy.
Rent is calculated in line with the Rent policy .
If the tenant has a fixed term lease agreement at their current property, Housing SA carries out a lease review in line with the Probationary and fixed term lease agreements policy to determine how long the fixed term lease agreement at the new property will be for.
Housing SA offers a periodic lease, also known as an ongoing lease, for the new property if the tenant either:
- has a periodic lease at their current property
- is moving to housing in an Aboriginal community
This policy is based on and complies with:
- Conditions of Tenancy
- Transfer guidelines v22
Related policies and other documents
- Account management policy
- Antisocial behaviour policy
- Eligibility for housing policy
- Ending a public housing tenancy policy
- Housing registration and allocation policy
- Mutual exchange policy
- Probationary and fixed term lease agreements policy
- Relocations policy
- Rent policy
- Tenancy succession policy
Date this policy applies from
28 June 2023
The online version of the policy is the approved and current version. There is no guarantee that any printed copies are current.
Leading Lawyer Services In Adelaide Australia
Commercial Car Lease Transfers: Steps, Risks, and Legal Considerations
Commercial car lease transfers have become increasingly popular in the business world due to their flexibility and cost-effectiveness. Whether you’re a startup owner looking to expand your fleet or a well-established company in need of a temporary transportation solution, lease transfers can be an attractive option. However, before diving into this process, it’s essential to understand the steps involved, potential risks, and legal considerations associated with commercial car lease transfers.
Understanding Commercial Car Lease Transfers
A commercial car lease transfer involves transferring the rights and responsibilities of an existing lease from one business entity to another. The party transferring the lease is known as the “transferor,” while the recipient is referred to as the “transferee.” This arrangement allows the transferee to take over the lease, benefit from the remaining lease term, and avoid the expenses associated with a new lease agreement.
Steps in a Commercial Car Lease Transfer
- Check Lease Agreement Terms
Before initiating a lease transfer, both the transferor and transferee must carefully review the original lease agreement. It’s crucial to understand the terms and conditions, including the lease duration, mileage limits, and any potential fees for early termination or lease transfers.
- Seek Lender Approval
Most lease agreements require the lessor’s approval for a transfer. The transferee must submit an application to the leasing company, providing necessary information and financial credentials to assess their eligibility. The lessor may charge a transfer fee, so both parties should be prepared for this cost.
- Inspection and Documentation
The transferor and transferee should inspect the vehicle together and document its condition thoroughly. Any pre-existing damages should be noted, and both parties must agree on the vehicle’s current state to avoid disputes at the end of the lease.
- Transfer Agreement
A legally binding transfer agreement must be drafted, detailing the terms of the lease transfer, responsibilities of each party, and any additional conditions both parties agree upon.
- Notify Insurance Provider
The transferee should inform their insurance provider about the lease transfer and ensure adequate coverage for the leased vehicle.
Risks Involved in Commercial Car Lease Transfers
The transferee takes on the financial responsibility for the remaining lease term. If the business faces financial challenges or bankruptcy, the lessor can hold both parties liable for the lease obligations.
The transferor may not have maintained the vehicle adequately, leading to potential repair and maintenance costs for the transferee during the lease term.
Early Termination Fees
If the lease agreement includes early termination penalties, the transferee might face additional expenses if the lease is terminated before its scheduled end date.
If the transferee exceeds the mileage limits specified in the original lease, they may incur substantial charges at the lease term’s conclusion.
A written lease transfer agreement is essential to protect the rights and obligations of both parties involved. This document should be prepared with the assistance of legal professionals to ensure its legality and enforceability.
Commercial lease agreements may be subject to different regulations and laws compared to personal leases. Understanding and complying with state-specific leasing regulations is crucial to avoid potential legal issues.
The transferee should verify that their insurance coverage extends to the leased vehicle to avoid any gaps in coverage during the transfer.
Commercial lease transfers may have tax implications for both the transferor and transferee. Consulting with a tax advisor can help understand the tax consequences of the lease transfer.
Is Commercial Car Lease for Your Business?
Commercial car lease transfers offer businesses a flexible and cost-effective way to manage their transportation needs. By following the necessary steps, understanding the risks involved, and considering the legal aspects, businesses can navigate the process smoothly. However, it is always advisable to seek legal and financial advice before entering into any commercial car lease transfer to safeguard both parties’ interests and ensure a successful and hassle-free transaction.
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Utilities, connections and insurance
All rental properties must include access to basic utilities such as water, electricity or gas. The landlord maintains the structures of existing services – for example wiring and pipes. They are responsible for maintaining any service or infrastructure provided as part of the tenancy agreement. Make sure any exclusions are written in the agreement.
Connection points must be kept in reasonable working order.
If connection points aren’t provided, the tenant can arrange for installation – once the landlord gives written permission. Confirming who is paying and if the connection will remain at the end of the tenancy before it is installed is a good protection.
The tenant must remove any connections they have added and return the property to a reasonable state. This is unless the landlord agrees that the connections can stay – make sure any agreement about what happens at the end of the tenancy is in writing.
Electricity and gas
The tenant needs to arrange for utilities to be put in their name for any existing gas and electricity connections. They are responsible for paying for supply and use charges.
Sometimes, the landlord will keep the bill in their name. But will either:
- include a set amount in the rental payment
- pass costs on to the tenant and give them a receipt when a payment is made.
Any costs passed on must be clearly stated in the tenancy agreement.
If solar panels are installed, the electricity bill can also stay in the landlord’s name. But, always state who is responsible for usage in the tenancy agreement. For example, ‘the tenant must pay for electricity use as charged on the bill’.
Any solar feed-in tariff is paid to the account holder for that property. If the tenant is the account holder, the tariff will be credited to their account.
The landlord must pay for the supply or hire of the gas bottle if it is a connection at the property. The tenant pays the cost to fill the bottle with gas.
Get help to pay bills
Tenants on a low or fixed income could be eligible for a state government concession to help with their energy expenses.
Find the right energy concession
The landlord isn’t obliged to provide connections to the internet. But they can’t refuse permission for a tenant to connect it without good reason. This permission needs to be in writing.
The landlord is responsible for maintaining an existing antenna in a reasonable condition – it needs to provide adequate reception throughout the tenancy.
If there isn't an antenna, tenants will need to arrange and pay for it once the landlord gives permission in writing. Landlords can’t refuse permission without good reason.
Not all properties have a landline connected and the landlord is not obliged to provide one.
The tenant will need to arrange and pay for a general connection fee if they intend to use an existing landline.
The landlord must agree to new connections in writing. The tenant will need to arrange and pay for both the new line connection and the general connection fee if they require a landline.
The landlord arranges insurance for the property. Some insurance companies offer packages specifically for landlords.
The tenant arranges contents insurance for their personal belongings. Tenants should check exactly what their insurance covers.
If a tenant causes damage to the property the landlord doesn’t have to make an insurance claim for the repair.
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We were excited about moving. Then when it come to packing and organising everything outlined by tas removals we got scared the whole thought process becoming daunting! They told us they could pack everything and get it ready for the move. So we did that and it turned out great! Highly recommended local Tassie removal company right here!!!
My wife found these guys online and I thought we would give it a go. The staff members we dealt with were very good at communicating. Nothing was broken and everything was picked up on time and delivered on time. Would use these guys again!
As a single man with not a lot of things. I have moved a lot over the years and I must say that these guys were GREAT!!! Cheap, professional and the communication was good! When I move again I will be sure to look these guys up and I would recommend you do the same
Tas removals did a backload from Adelaide to Hobart. We had a large amount of furniture to bring and these guys were good! They handled everything carefully as I had a lot of antique furniture. Everything was wrapped and wrapped again and then when they loaded it all on the truck it was wrapped again with blankets of some sort. Awesome job guys! Highly recommended.
Tas Removals and Storage are an awesome company. Friendly and professional, they really cared about our move. I can be quite pedantic about certain things but the overall move was a great success!