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Flatmate Agreement
PDF and
Word
This flatmate agreement template allows flatmates to clearly set out rent payments, utility bills, household responsibilities and living arrangements in writing.
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What is a flatmate or roommate agreement?
A flatmate agreement is a written agreement used by flatmates or a roommate sharing 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 flatmate lease agreement contract 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 and a dispute if issues arise 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 flatmate lease agreement contract 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. The difference is that different types of agreements apply depending on whether a person is renting the whole premises directly from the landlord or sharing with other roommates.
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 flatmate lease agreement contract, or roommate agreement, sets out identification details of the flatmates involved and should include property and roommate information, 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, identifying the following property and the premises covered by the arrangement, 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. Security Deposit 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 the rent amount each parson covers and their broader financial obligations, including:
- Who is responsible for the rent being paid on time, and who carries liability if one flatmate has paid late
- Whether each flatmate will pay their share individually or one designated tenant will collect contributions and pay the landlord
- How the rental bond, known also as a security deposit, is divided between flatmates; the agreement should include security deposit details and explain what happens if a new rommmate joins or one leaves
Any late fees or other fees should be allocated to the responsible flatmate.
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 and practical guidelines, 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, including household chores as practical rules rather than strict tenancy terms.
- 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 flatmate lease agreement contract can also address if flatmates are allowed to invite guests on a regular basis and, if so, if those guests can stay overnight, and whether pets are allowed.
- 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 and respect for different sleep schedules.
Flatmates should raise concerns in a timely manner, make reasonable requests in good faith, and avoid emotional outbursts or disruptive behavior.
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 contract that complies with general principles of common contract law;
- a flatmates rental agreement that defines financial duties, including rental bond allocation, which can save time and money if disagreements arise;
- a document written in clear language and in a professional manner;
- a fully customisable template for each unique case;
- terms covering termination, including any written notice needed if a flatmate wants to leave, plus a forwarding address for move-out communications or bond return.
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?
A flatmate agreement is generally a legally binding written agreement between the parties once signed. It can help resolve a dispute and may be relied on if issues reach court, subject to applicable law and regulations.
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2. Does a flatmate agreement template replace the tenancy agreement?
No. The difference is that a roommate agreement sets rules between flatmates or other roommates, while the main tenancy agreement is with the landlord and usually applies to the whole premises. This document only covers arrangements between the people sharing the home.
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3. Can I use this flatmate agreement form if I am subletting a room?
Yes — this template can be used when subletting a room in a house or apartment, provided it is consistent with the main lease and any landlord requirements. It can help set clear terms between the person subletting the room and the roommate occupying it.
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4. What are the legal requirements for a flatmate lease agreement NSW?
In New South Wales, the residential tenancy arrangements are primarily governed by the Residential Tenancies Act 2010. However, flatmate agreements between co-tenants are generally private contracts and are governed by general contract law principles.
In fact, a flatmate lease 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 flatmates agreement templates.
