How to Sublet a Room Legally in Australia (2026 Guide)

Last checked against official sources: 4 November 2026. General information only, not legal advice.

Renting out a spare room can take the edge off rent. It can also put your whole tenancy at risk if you skip one step: asking your landlord. This guide explains the difference between subletting and other arrangements, the steps that apply almost everywhere, and what each state or territory says on its own official pages.

Sublet, transfer or housemate: which one are you doing?

These are often mixed up, and the law treats them differently.

Subletting: you stay on the lease as the “head tenant” and rent part (or all) of the place to someone else, who pays you. You still owe the landlord rent and are responsible to them.
Transfer (assignment): you leave the lease and someone else takes your place.
Guests: short-term, non-paying guests generally don’t count as subletting. Check your lease for occupant limits.

Subletting only counts as a real tenancy if the person gets exclusive possession of their space. Without that, Tenants Victoria says they are likely a licensee (like a lodger), who is not covered by the Victorian tenancy Act. Don’t assume a “licence” label gets you out of the rules: ask your landlord either way.

The steps that apply almost everywhere

Read your lease. Look for clauses about subletting, extra occupants and maximum numbers.
Ask your landlord or agent in writing, and wait for written consent. This is the common thread across every official source below. Use our rental letter templates to word the request.
Put the arrangement in writing with your subtenant: rent, bills, house rules, notice period, and an entry condition report.
Handle the bond properly. Where you collect a bond from a subtenant, most states require you to lodge it with the official bond authority (see table).
Remember you stay responsible. The landlord deals with you, not your subtenant. Unpaid rent or damage by the subtenant is your problem first.
Keep the end date inside your own lease. A sub-tenancy cannot outlast the head tenancy (WA and SA say this directly; the others describe the sub-tenancy ending when the head tenancy ends).

Rules by state and territory


NSW	Written permission needed to sublet part or all	For part of the property, not unreasonably. Whole property: landlord can refuse even if unreasonable	Bond max 4 weeks’ rent; head tenant lodges via Rental Bonds Online within 10 days	NSW Government
VIC	Written consent, or a VCAT order	Not unreasonably (per Tenants Victoria); fee for consent not allowed	Subletting is covered in ss 82–84 of the Residential Tenancies Act 1997	Consumer Affairs Victoria, Tenants Victoria
QLD	Written permission from owner or property manager	Page doesn’t say	Written agreement, entry condition report, bond lodged with RTA, max 4 weeks	RTA Queensland
WA	Permission needed (in the agreement or separate writing)	Page doesn’t say	Written agreement + condition report; bond lodged with the Bond Administrator	Consumer Protection WA, subletting page
SA	Written consent needed	Not unreasonably (Law Handbook, s 74); no fee for consent	Sub-tenancy must be at least one day shorter than your term; no sublet without consent unless SACAT says consent isn’t required	SA Government, Law Handbook
ACT	Written consent needed	Sources differ (see note)	Without consent, sub-tenant has no legal rights in the property	ACT Government, Renting Book
TAS	Owner’s permission needed	Not unreasonably	Head tenant must live at the property (unless the subtenant’s employer); the Residential Tenancy Act doesn’t apply to the subtenant, so the Commissioner can’t help with head tenant vs subtenant disputes	Consumer Affairs Tasmania
NT	Landlord permission needed	Not confirmed from an official page	See note below	NT Consumer Affairs

State notes

NSW. Subletting or transferring any part of the property needs the landlord’s written permission. The landlord can only recover reasonable expenses of giving consent. If the landlord’s refusal for part of the property seems unreasonable, you can apply to the Tribunal. If you collect a bond from a subtenant, you must invite them to Rental Bonds Online and lodge it within 10 days, and you can’t keep it in your own account. For tenancy agreements signed after 21 September 2026, each co-tenant’s original bond contribution must be recorded.

Victoria. Tenants Victoria says a sublet or transfer without consent has no legal effect, and if exclusive possession was given the landlord can issue a 14-day notice to vacate. Landlords and agents can’t charge a fee for consent, though they may ask for reasonable costs of the paperwork. If you are refused and think it’s unfair, you can apply to VCAT. If four or more people live on separate sub-leases, it may be classed as a rooming house, which has its own rules.

Queensland. Get written permission first and list approved occupants in the special terms of the agreement. As head tenant you must give your subtenant a written agreement, an entry condition report, the RTA pocket guide and a bond receipt. Offer at least two rent payment options. Not lodging a bond with the RTA is an offence. The RTA page doesn’t say when an owner may refuse.

Western Australia. Consumer Protection published a subletting reminder on 29 October 2026. Check your agreement for conditions, get consent in writing, then give your subtenant a written agreement and a condition report. If your own tenancy ends, the sub-tenancy ends too, and subtenants who want to stay must negotiate with the landlord.

South Australia. The SA Government page says landlords can’t add lease conditions that ban subletting, can’t charge for considering the request beyond reasonable costs, and can’t raise rent because you sublet. The Law Handbook cites s 74 of the Residential Tenancies Act 1995 and notes a fee for giving consent is an offence.

ACT. The ACT Government says a sublet needs the landlord’s written permission, and without it the sub-tenant has no legal rights. Tenants’ Union ACT adds that the head tenant is effectively the sub-tenant’s landlord. We found two community legal publications that disagree on whether a landlord must be reasonable, so we haven’t stated either as fact. Ask Tenancy Advice (1300 402 512) before relying on it.

Tasmania. Consumer Affairs Tasmania says the owner can’t unreasonably deny permission to sublet. The head tenant must live at the property (unless they are the subtenant’s employer) and stays responsible to the owner for rent and bond. The Residential Tenancy Act 1997 does not apply to the subtenant, so the Residential Tenancy Commissioner can’t help with disputes between you and your subtenant. The page doesn’t say whether permission must be in writing, so get it in writing anyway.

Northern Territory. The NT Consumer Affairs page says you need the landlord’s permission to sublet and that breaking the rule can lead to you being asked to leave, but it doesn’t name the Act and its note says it was last updated in June 2019. A Darwin community legal service describes consent rules for assignment (28 days to respond, refusal must be reasonable); it doesn’t set out separate subletting rules. For subletting specifically, confirm with NT Consumer Affairs.

Subletting is not the same as listing on Airbnb

Short-stay hosting is a different question: you generally need the landlord’s permission, and state rules on registration and levies can apply on top. See our guide to how to list a property on Airbnb in Australia and the state-by-state regulations overview.

Tax note

Rent from a subtenant is income and generally has to be declared. How much you can deduct depends on how the property is used, so read the ATO’s guidance on renting out part of your home before lodging. This article doesn’t cover tax in detail.

Quick checklist

Lease read; no ban on subletting
Written consent from landlord or agent saved
Written agreement and condition report signed
Bond lodged with the state authority (where required)
Occupant limits not exceeded
Sub-tenancy ends before your own lease does

FAQ

Can my landlord say no? Often yes, but in several states they cannot refuse unreasonably, and you can go to the tribunal. In NSW, refusing a sublet of the whole property can’t be challenged as unreasonable.

What happens if I sublet without asking? It’s a breach of your agreement. Depending on the state, the landlord can issue a notice, apply to end the tenancy, and your subtenant may have no legal protection.

Do I need a written agreement? Strongly recommended everywhere, and the Queensland and WA official pages say the head tenant must provide one (one WA page is inconsistent on this, so confirm with Consumer Protection on 1300 304 054).

Can I charge more than I pay? The official pages we read did not set a rule either way. Don’t assume; check with your tenancy advice service.

This article is general information, not legal advice. Rules change and your lease may contain extra terms. cosyrental.au has no commercial relationship with any organisation linked here.