Is this agreement right for you?
This agreement should be used in one of the two following situations:
- If you are moving into a share house and will not be on the lease:
You will want to have a Boarder Agreement between yourself and the person on the official lease. This is similar to what might be described as a sub-lease. It is an agreement between you and them and covers key things such as rent and bond as well as other important terms about notice periods and some house rules.
If you are a boarder, you should INSIST on such an agreement. Without it, your rights may be limited. Would you buy a car without a warranty? Well…you are about to spend the same amount of money over the life of your stay, so get it in writing!
- If you are the ‘official tenant’ on the lease:
- Each time a new flat mate moves in, you will want them to sign a Boarder Agreement.
This is similar to what might be described as a sub-lease. It is an agreement between you and them and covers key things such as rent and bond as well as other important terms about notice periods and some house rules.
You should have a separate agreement with each boarder. This way, you can have specific rules to suit each person including any differences in rent, how long they can live there etc. It also means that you can have boarders that start and end their stay with you at different times. The alternative might be to have everyone re-sign new agreements (with everyone on the same agreement) whenever there is a change in the household, but in our experience that isn’t practical and hence we recommend each boarder sign an independent agreement with you.
What is the Conditional Report?
CONDITIONAL REPORT IS INCLUDED IN THE AGREEMENT FOR FREE
This report is provided with each of the agreements. It ensures that there are no disputes about the condition of the house at the start of the agreement, and hence any work that needs to be done to make good the area.
Things to remember when using this agreement
These agreements have been designed by a team of experienced professionals who understand both the legal purposes and the practicalities of living with other people. The agreements are best used in their full form, and we advise that they not be modified to avoid removing something you might find is important.
It is preferable to make sure that you have a new agreement each time a new flat mate joins or leaves the house. This makes sure that you update important elements to do with splitting of bills, ownership of furniture, and the condition of the premises etc.
Also, we are constantly reviewing our agreements to make sure they comply with the latest laws and trends. By copying the agreement you risk missing out a key provision or making it ineffective.
Our agreements are also protected by copyright. This means it is illegal to copy them or reproduce them. This could have ramifications including the document being void on the basis that you had no legal right to use it. To be safe, you should get a new agreement each time a flat mate changes.
If a party to this agreement is not on the official legal lease, it is recommended that you provide them with a copy.
The scenarios discussed on this page are for illustration purposes only. They have been designed to accurately reflect anecdotal cases of disputes between flatmates, but are not necessarily borne from real disputes.
The Agreements contained within this website are a useful way of reducing to writing the intention of all flatmates at the time of entering the agreement. The laws around tenancy agreements are complex and vary from State to State. The documents that each party signs may not necessarily be a Tenancy Agreement for the purpose of each Act in each State. Hence, by signing this agreement, you do not necessarily create any rights to take a dispute to any of the State based Tenancy Tribunals although as a result of recent changes to State laws, you may have a right to go to such a body if a dispute arises. If you want the full protection that the law gives you as a tenant, then you should have your name put on the formal lease and use the documents from this website to supplement that document and provide house rules. This document is not a standard tenancy agreement as published by the various States. However, should a dispute ever arise, the signed agreement that you purchase from this website will be useful evidence of the rules that both parties agreed to be bound by.
The agreements use names and titles for ease of reference. The designation in an agreement of a person as a Tenant, Sub-Tenant, Boarder, or Lodger does not necessarily reflect that person’s legal status. The Legal Status is determined by the Act in each State. For example, in some States where there are 3 or more tenants it may be called a Rooming House. In other States, a Boarder or Lodger is technically someone who has meals provided. For the purposes of these agreements, you are called a Boarder to indicate the clear distinction between you having your name on the official lease, although it may well be that at law you are deemed to be a sub-tenant. If you are a sub-tenant this may give you additional rights above and beyond those in this agreement.
The purchasing and reliance on any of the agreements contained within is at the user’s risk. This is an ‘off the shelf product’ designed to provide a degree of better protection to the consumer. By buying this agreement, you have not received legal advice nor has any of the advice been tailored to consider your circumstances. If you are ever unsure of your rights and obligations , you should seek proper legal advice.