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Can a tenant sub-let a home they rent?

If you rent a property, then rent out part or all of it to one or more other people, you are sub-letting or assigning the property. In such arrangements, you are considered the head tenant and the people renting from you are your sub-tenants.

To sub-let, you must get written consent from the landlord. They must give permission unless there is a good reason to refuse and cannot charge a fee for giving permission. However, the landlord can require you to pay any fees, costs or charges they incur preparing a written assignment of the lease. If you believe they are refusing permission to sub-let without good reason, you can apply for a ruling from the Victorian Civil and Administrative Tribunal (VCAT).

If you live in public housing, your landlord is generally allowed to refuse permission to sub-let as the assignment or sub-letting would disadvantage people on the public housing waiting list.

As head tenant, you take on the legal responsibilities of a landlord. Ensure that the incoming and outgoing tenants sign the Bond Transfer form, available from the Residential Tenancy Bond Authority (RTBA) on 1300 137 164. If you collect a bond, you must lodge it with the RTBA.

As Victoria's consumer affairs regulator, we help landlords, agents and tenants understand their rights and responsibilities.

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