Changes to tenancy agreements

Any requests to change tenancy agreements need to be in writing and approved before they take place. These requests should be from all current tenants not just the vacating tenant. This is not a quick process as you are terminating one agreement and starting another. We need to process applications, seek owner approval and prepare documents this can take time and your patience is necessary.

Removing a Tenant

If you want an existing tenant to be released from the agreement and replaced by a new tenant, you are required to put this request in writing.

This needs to be 3 weeks’ notice as it terminates the current tenancy agreement. Any existing tenant who wishes to stay in the property needs to confirm this is writing or the tenancy ends for all parties at the expiry of the 3 weeks’ notice. 

Any new tenant needs to be approved by completing a Maloney’s application form. The request is then taken to the owner for a decision.

The most important aspect of this change is the rent payment arrangements.

The remaining tenants must pay the portion of rent previously paid by the leaving tenant and new forms are required. For example if three people were originally on the agreement, paying 33%, 33% and 34%, and one cancelled the remaining tenants would need to authorise us to take 50% and 50% from their accounts.

This needs to be in the form of new direct debit forms. If you are planning to have someone replace that existing tenant, until he/she is approved and all paperwork signed the rent still needs to be paid as per the current tenancy agreement (see below). We cannot deduct rent from anyone who has not signed a tenancy agreement.

Adding a New Tenant

The applicant needs to be approved by completing a Maloney’s application form. This request then is passed onto the owner for a decision. Rental arrangements remain the same until the applicant is approved. All new tenants must agree to signing the original condition report and this is then endorsed by the tribunal as the ingoing condition report for the new tenancy.

The Bond

The ACT Office of Rental Bonds no longer processes bond transfers. Once the change has been approved a new tenancy agreement must be signed and a new bond must be paid by all the tenants who will be on the new agreement. Following receipt of this new bond, the existing bond will be returned to all the previous tenants. 

Adding an Occupant

An occupant of the property is not on the tenancy agreement; they are the Lease Holder’s responsibility. To be a new occupant of a property, you still need to be approved by completing a Maloney’s application form. A request in writing to add the occupant then goes to the owner for a decision. Rent cannot be deducted from an occupants account. The rental arrangements for occupants need to be worked out between the tenants and the occupants separately.

All New Tenants Taking Over Existing Tenancy

Once a written request is received it is then passed on to the owner for approval. The rental arrangements are the same as for removing a Tenant. The new tenants need to accept the property in the condition left by the current tenants and the original condition report will be used at the end of their tenancy.

The leaseholder cannot be released from the tenancy (when on a fixed term) without approval from the owner. As stated in Prescribed Term 72, 73 of The Residential Tenancies Act:
Tenant shall not sell, dispose of, or sublet the tenancy without the consent of the lessor The tenant shall not assign or sublet the premises or any part of them without the written consent of the lessor. Consent may be given at any time. No rights in respect of the premises may be created in any third party prior to consent being obtained from the lessor.


Looking To Sell Or Rent Your Property?