Flatmate Agreement
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What is a flatmate agreement?
A flatmate agreement, also known as a room rental agreement, is a written contract between people who share a rental property. Flatmate agreements are commonly used in Australia to decide a number of important living arrangements between individuals co-living together. These arrangements include splitting utility bills (for example, for the Internet), cleaning responsibilities, rules for inviting guests, bond contributions and other issues.
This room rental agreement sample can be customised for a wide type of properties across Australia, including houses, units, flats, boats or other dwellings. The parties involved in a flatmate agreement are individuals who are planning to share accommodation together. Australian laws do not limit the number of flatmates who can become the parties to this contract.
Having a solid flatmate agreement Australia template helps minimise disputes between co-occupants and ensures clarity of all terms and obligations.
Who shall use this flatmate agreement Australia template?
This fully customisable flatmate agreement can be a solid legal solution for:
- students planning to live together with their friends during their studies;
- individuals who wish to share rent and living expenses;
- young professionals seeking a solid room rental agreement sample to define co-living arrangements;
- head tenants intending to sublet one or several rooms to other occupants.
This template, however, is not suitable for individual or commercial tenants seeking to rent the property directly from property owners, landlords or property managers. In those circumstances, a formal residential tenancy agreement should be used.
What should be included in this flatmates rental agreement template?
A solid and comprehensive flatmates rental agreement in Australia must include:
Parties and Lease Details
A room rental agreement sample sets out identification details of the flatmates involved, including:
- the full name;
- mailing address; and
- contact phone and email address.
The agreement should also specify the address of a rented property under the main residential lease agreement, the lease start date and the name of the landlord or the property management company.
Importantly, the landlord is not the party of the flatmate agreement and shall not sign it.
Rent Payments and Rental Bond
The flatmates rental agreement cannot adjust the amount and frequency of rental payments set out in the main residential tenancy agreement. However, the flatmates can agree on:
- Who shall be responsible for the rent being paid on time – all flatmates jointly or only one nominated tenant?
- Whether rent is paid by one designated tenant or individually by each flatmate for their share and
- How the rental bond is to be divided between flatmates.
Cohabitation Rules
This is the most important part of any rental agreement for renting a room, house or other dwelling. Flatmates are generally free to agree on household rules, provided they comply with general contract law principles and do not conflict with the main tenancy agreement.
- Cleaning Responsibilities. Since flatmates get access to common areas like kitchens, bathrooms, lobbies, balconies, gardens or other areas, it is important to keep them clean. Therefore the text of the contract must define who, when and where shall do the cleaning.
- Utilities and Household Expenses. A well-drafted flatmate agreement Australia template shall define the split of costs for the usage of electricity, water, the Internet and other types of utilities, including: (i) how costs are divided (for example, in equal parts, pro rata to the usage, each tenant covers each specific bill); (ii) how payments are to be made (for example, directly to the landlord, on the special deposit account).
- Guests. The room rental agreement sample can also address if flatmates are allowed to invite guests on a regular basis and, if so, if those guests can stay overnight.
- Quiet hours. Flatmates may also agree on quiet hours during which excessive noise, music or gatherings are not permitted, to ensure respectful co-living arrangements.
What are the benefits of this flatmates agreement form?
When customising this flatmate agreement with FasterDraft, you get an individualised template with the following benefits:
- a professional legal document created by lawyers, and never by AI;
- a room rental agreement sample that complies with general principles of common contract law;
- a flatmates rental agreement that defines financial duties, including rental bond allocation;
- a document written in clear language and in a professional manner;
- a fully customisable template for each unique case.
How to customise the flatmates rental agreement with FasterDraft?
To get a fully customisable rental agreement, follow the instructions given below:
- Click the “Create Document” button.
- Answer simple questions in the form.
- Select a template’s format – flatmate agreement Australia PDF or Word.
- Make a payment.
The document is ready for instant download.
Table of content
Frequently Asked Questions (FAQ)
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1. Is a flatmate agreement legally binding in Australia?
Yes. Flatmate agreements are legally binding in Australia, provided the following conditions are met:
- The agreement is signed by all the parties involved; and
- The document complies with the basic requirements of contract law in the relevant state or territory.
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2. Does this replace the tenancy agreement?
No. The residential tenancy agreement and flatmates rental agreement serve different purposes.
A residential tenancy agreement is a legally binding contract between the landlord or property manager and a tenant. It sets out rules and conditions for renting the property between a property owner and a tenant.
In contrast, a flatmates rental agreement aims to define the rules of co-living arrangements between two or more people sharing the same rental property, including quiet rooms, usage of common areas, etc. The flatmate rental agreement does not bind the landlord. However, the residential tenancy agreement shall prevail.
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3. Can I use this flatmate agreement form if I am subletting a room?
Yes, this document can be customised for subletting a room, house, apartment, or boat with other individuals.
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4. What are the legal requirements for a room rental agreement NSW?
In New South Wales, the residential tenancy arrangements are primarily governed by the Residential Tenancies Act 2010. However, room rental or flatmate agreements between co-tenants are generally private contracts and are governed by general contract law principles.
In fact, a room rental agreement NSW is a private contract between individuals living under the same roof. Therefore, while the Residential Tenancies Act fully covers relations between the landlord and the tenants living together, the law is silent on any regulation related to relations between the tenants.
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5. What are the mandatory requirements for the flatmate agreement QLD?
In Queensland, all residential tenancies, including flatmate agreements, are regulated by the Residential Tenancies and Rooming Accommodation Act 2008. This act defines the rules regarding placement and return of the rental bond, rights of tenants, etc.
At the same time, it is important to understand that the local legislation of Queensland does not provide any specific template or regulation regarding the content or structure of room rental agreements.