Lease transfers and subletting
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This information is a guide and should not be used as a substitute for professional legal advice.
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Summary
In a standard tenancy, such as a private rental with a landlord (officially called a rental provider), a lease transfer means you pass your lease (officially called your rental agreement) to another person. This gives them the right to live at the rental property and, depending on the type of transfer, you the right to leave it. In a rooming house, however, you do not have a lease, you have a residency agreement (called a rooming house agreement). Rental laws do not allow you to transfer your rooming house agreement or your residency rights (right to live in the rooming house) to someone else.
Subletting happens when the person named on a lease rents out all or part of the rental property to another person who is not named on the lease. In rooming houses, residents are not allowed to sublet to other people.
However, there may be steps you can take if you want a friend or partner to stay with you, either temporarily or permanently.
What is a rooming house?
A rooming house is a building with rooms for rent where 4 or more people can live. The rooming house operator decides who lives at the property and usually has individual agreements with each resident for paying rent. Find out more on our page about rooming houses.
If you try to transfer your residency rights or sublet your room
The rooming house operator cannot give you a ‘notice to vacate’ for trying to transfer your residency rights or sublet your room without their consent.
However, if you leave your room vacant or allow others to live there without you being present, you may be treated as having ‘abandoned’ the room (meaning you have left without the intention to come back, and 14 days have passed since rent was last due). This can end your residency rights and rooming house agreement. You may also be held responsible for unpaid rent or any damage caused by visitors or people you allowed to stay. In most situations, do not allow anyone else to stay in your room without permission from the rooming house operator.
Steps to have someone stay or live with you
While you cannot transfer your residency rights or sublet your room, if you would like to have another person, such as a partner or friend, stay with you or live in your room, there are certain steps you can take.
Adding a co-resident to your room
If you want another person, such as a partner, added to your rooming house agreement, you must re-negotiate with the rooming house operator. This may mean that your rent is slightly increased, and you will both be jointly responsible for following the rules and the law in relation to your room. This also means you will both be responsible, legally and financially, if something goes wrong, even if it was the fault of the other person.
Alternatively, if you want to each be responsible for yourself on separate agreements, you may apply to increase the room capacity, which is the number of people allowed in each room. There are rules you must follow to do so.
For more information, see our page on rooming houses.
Permission for overnight visitors
Rooming houses involve many people living together. Residents need safety and freedom from nuisance or unreasonable interference with their peace and quiet, but they also have the right to maintain meaningful relationships and live their lives fully.
If the rooming house operator or the rooming house rules stop your partner or support person staying overnight from time to time, you may apply to the Victorian Civil and Administrative Tribunal (VCAT) to change this situation. VCAT should consider whether any rules that restrict overnights visitors are justified, or whether the rules are unreasonable and should be amended or removed. We recommend that you comply with the rooming house rules until VCAT has made a decision.
For more information, see our pages on rooming houses and going to VCAT.
Get help and other resources
If you need support in relation to co-residents or overnight visitors, help is available.
Tenants Victoria services
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Social Housing and Rooming House Priority Line
For Victorian renters in public housing, community housing and rooming houses.
Other organisations
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Tenancy Assistance and Advocacy Program (TAAP)
For Victorian renters in private rentals, rooming houses and caravan parks who are in financial hardship or affected by family violence.
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Federation of Community Legal Centres
For all Victorians.
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Housing for the Aged Action Group (HAAG)
For Victorians aged 50 and older.
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Victorian Civil and Administrative Tribunal (VCAT)
For all Victorians.
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Consumer Affairs Victoria
For all Victorians.
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Community Connection Program
For Victorians who are homeless or live in low-cost accommodation.
There are resources to assist you with understanding your rights and responsibilities in a rooming house.
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Rooming House Residents Handbook
View Tenants Victoria’s pocket guide on moving into, living in, and moving out of, a rooming house.
The Residential Tenancies Act 1997 is Victoria’s main law for renting. It describes the rights and duties of renters and landlords in numbered sections.
The sections in this list relate to lease transfers (also called assignments) and subletting in private rentals. Click on a link to see more about the section.
The Residential Tenancies Regulations 2021 provide more detail and definitions and specify updates to the Act.
