Share house & boarder rights — when your name isn't on the lease

Covering the legal status of sub-tenants, boarders and lodgers, state-by-state rules, how to protect yourself with written agreements and records, plus handling bond disputes and unlawful eviction.

Scope of this guide — residents whose name is NOT on the lease

First, let's be clear about scope. A tenant (co-tenant) whose name is on the formal lease (tenancy agreement) receives full tenancy law protection and is covered by a separate rent and tenant rights guide. This guide is for people whose name is not on the lease — sub-tenants renting a room from a head tenant, and boarders/lodgers living in the same home as the landlord or head tenant. A large share of Australian share houses and boarding arrangements take this form, and because tenancy law protection is weak or absent, records and written agreements are practically your only weapon.

Sub-tenant vs boarder/lodger — identify your status first

A sub-tenant is someone who occupies a space under a separate rental relationship with the head tenant; with a written agreement, some or all of the tenancy law may apply depending on the state (subletting usually requires the landlord's consent). A boarder/lodger lives in the same home as the landlord or head tenant and uses a room (a boarder's arrangement includes meals), and in most states this sits outside tenancy law, in the common law domain. The boundary between the two depends on whether you live with them, whether you have exclusive occupation, and the form of the agreement, and the criteria differ by state — so checking your state's Fair Trading or Consumer Affairs criteria is the first step.

What you must do before moving in — a written agreement

The weaker the legal protection, the more important a written agreement before moving in becomes. When a dispute arises, the side that can prove 'what was promised' wins. It doesn't need to be a formal contract template — even summarising the terms by email or messenger and getting the other party's confirmation makes a big difference.

What to include in the written agreement

Include the rent and payment frequency, the bond amount and refund conditions, whether bills (utilities) are included, the notice period, house rules (visitors, cleaning, noise, etc.), and whether meals are provided (for boarding arrangements). The more specific each item is, the better you can block later claims of 'I never promised that'.

Have you written down the rent (amount and payment frequency), bond amount and included costs (electricity, gas, water, internet), down to the exact figures?
Have you set the notice period (e.g. 2 weeks) the same for both sides — for when you leave and for when you're asked to leave?
Does the document show the date and both parties' names, with a signature or a confirmation reply from the other party such as 'that's correct'?

It's not too late even if you're already living there under a verbal agreement. Send a message now summarising what was agreed and get a confirmation reply — it can serve as valid evidence in a dispute.

Records of money and condition — bond, rent, photos

If you're a boarder/lodger outside tenancy law, there may be no obligation to lodge your bond with the state's bond authority. That means the bond sits in the other party's pocket, so even for small amounts, receipts and transfer records are the key evidence in a refund dispute. Create a record every time money changes hands.

Bond receipt — showing the amount, date and recipient's name (always get one, even for small amounts)
Pay rent by bank transfer — note 'rent' and the period in the reference field. Avoid cash; if unavoidable, get a receipt every time
Photograph the condition of the room, furniture and facilities on move-in day — your defence against damage claims when you leave

If your arrangement is covered by tenancy law (a written sub-tenancy, QLD rooming accommodation, etc.), lodging the bond with the state's bond authority may be mandatory. Check whether and how it must be lodged with your state's Fair Trading or Consumer Affairs.

Four scenarios by state and living arrangement

The applicable law is completely different depending on which state you live in and what your living arrangement is. Here are the four most common scenarios — see which one matches your situation, and always confirm the detailed requirements on the relevant state's official site.

Written sub-tenancy agreement

A sub-tenant with a written agreement with the head tenant may receive tenancy law protections (bond lodgement, eviction procedures, etc.) depending on the state, with the head tenant acting as the landlord. Subletting usually requires the landlord's consent.

NSW — boarder/lodger

Boarders/lodgers fall outside the NSW tenancy law (Residential Tenancies Act 2010), but registrable boarding houses accommodating a certain number of residents or more are subject to occupancy principles under the Boarding Houses Act 2012, and disputes can be heard at NCAT.

VIC — rooming house

A building that rents out one or more rooms and can accommodate a total of 4 or more residents, among other criteria, has a registration obligation as a rooming house, and residents receive statutory rights and minimum standards. You can check registration with Consumer Affairs Victoria.

QLD — rooming accommodation

Rooming accommodation is governed by its own law (the Residential Tenancies and Rooming Accommodation Act 2008): bonds are lodged with the RTA (Residential Tenancies Authority), and disputes can go through RTA conciliation and on to QCAT.

When a dispute arises — step-by-step response

When a dispute arises, work through the steps based on your records rather than reacting emotionally. The lower the step at which it's resolved, the more time and money you save — and even if it escalates, all the written records from earlier steps become evidence.

Step 1 — Try to resolve it by talking, but immediately summarise anything agreed in a text or email
Step 2 — Send a written demand: state what you're asking for, the grounds, and a deadline (include the refund account for a bond refund)
Step 3 — Get free advice from your state's Fair Trading or Consumer Affairs — confirm which law applies to your arrangement and which body has jurisdiction
Step 4 — Apply to the relevant tribunal (NCAT, VCAT, QCAT, etc.) or through the small claims civil route — fees are low and you can proceed without a lawyer
Step 5 — For safety issues such as threats or unlawful eviction, contact the police (000 in an emergency); for legal action, use free non-profit advice from Legal Aid, the Tenants' Union and similar organisations

Common mistakes and things to watch out for

These are mistakes that come up repeatedly in share house and boarding dispute cases. Most can be prevented with ten minutes of checking before moving in.

Transferring the bond or rent before seeing the room in person — a classic rental scam tactic. The rule is no transfer before viewing; see the scam prevention guide for detailed tactics
Moving in on a verbal agreement because it 'feels like family' — when a dispute arises, you have nothing you can prove
Cash rent with no receipts — you can't even prove you paid, and may end up accused of being behind on rent
Giving up on an unlawful eviction or unreturned bond because 'my name isn't on the lease so I have no rights anyway' — common law rights and small claims tribunal routes still remain
Judging your situation using another state's information — the laws in NSW, VIC and QLD differ significantly from each other, so always check the rules of the state you live in

Useful official links

Frequently Asked Questions

If my name isn't on the lease, do I have no rights at all?▾

No. You may not get the full protection of tenancy law, but if you have a written sub-tenancy agreement, parts of the tenancy law may apply depending on the state, and even as a boarder/lodger you retain common law rights to enforce what was agreed and the principle of 'reasonable notice'. In addition, separate legal frameworks may apply — such as VIC rooming houses, QLD rooming accommodation or NSW boarding houses — so the first step is to identify your living arrangement and your state.

What's the difference between a sub-tenant and a boarder/lodger?▾

A sub-tenant is someone who occupies a space under a separate rental agreement with the head tenant (the person named on the lease); with a written agreement, tenancy law protections may apply depending on the state (in which case the head tenant acts as the landlord). A boarder/lodger lives in the same home as the landlord or head tenant and uses a room (a boarder's arrangement includes meals), and in most states this falls outside tenancy law, in the common law domain. In practice the boundary is often blurry, so check the criteria with your state's Fair Trading or Consumer Affairs.

What do I do if they won't return my bond?▾

First, demand the refund in writing (text or email), backed by receipts, transfer records, and move-in/move-out photos. If your arrangement is covered by tenancy law or rooming laws, you can apply to your state's tribunal (NCAT in NSW, VCAT in VIC, QCAT in QLD, etc.), and even boarders/lodgers who aren't covered can claim through the small claims civil route. Because jurisdiction and procedures differ by state, it's safest to contact your state's Fair Trading or Consumer Affairs, or Legal Aid, first.

The head tenant says 'get out today' and threatens to change the locks. Is that legal?▾

Even for boarders/lodgers outside tenancy law, the common law principle of 'reasonable notice' generally applies, and changing the locks without notice, seizing your belongings, or evicting you on the spot is potentially unlawful. If you feel physically threatened, contact the police (000 in an emergency) to secure your safety, then seek advice on legal action from non-profit organisations such as Legal Aid or the Tenants' Union. It helps to record any threatening words or actions along with the dates.

I only made a verbal agreement and I'm already living there — is there anything I can still do?▾

Yes. Even now, write up what was agreed in a text or email and get the other party's confirmation. For example, sending a summary like '$X per week, bills included, 2 weeks' notice when moving out — is that right?' and receiving a reply is enough. Switch rent payments to bank transfer, secure a receipt or transfer record if you paid a bond, and take photos of your room's condition. If a dispute arises, these records become practically your only evidence.

They insist on cash-only rent — is that okay?▾

Cash payments leave no record, making it hard to prove you even paid if a dispute arises. Use bank transfer where possible (noting 'rent' and the period in the reference field), and if cash is unavoidable, get a receipt every time showing the date, amount and recipient. If even receipts are refused, one option is to send a confirmation text right after paying — 'I gave you $X rent in cash today' — to create a record.

I hear the law differs by state — where do I check the rules for my state?▾

Each state and territory's Fair Trading or Consumer Affairs is the official channel. In NSW, check NSW Fair Trading (including the separate boarding house framework); in VIC, Consumer Affairs Victoria (the rooming house registration scheme); and in QLD, the Residential Tenancies Authority (rooming accommodation rules). For other states and territories, search for boarder/lodger topics on that state's Fair Trading/Consumer Affairs site to find the latest criteria.