Joint Tenancy vs Co-Tenancy in Brisbane: Who's Liable If Rent Goes Unpaid or a Housemate Leaves

When two or more people are named as tenants on the same tenancy agreement, the RTA calls them co-tenants. This is the standard arrangement for share housing in Brisbane, and it comes with a specific liability structure that catches a lot of housemates off guard. This guide sets out exactly how it works, based only on what the RTA publishes, and drills into co-tenant liability specifically — for how this fits alongside sub-tenants, rooming accommodation residents and boarders, see our guide to share housing in Brisbane.

What makes someone a co-tenant

You're a co-tenant if you're named as a tenant on the tenancy agreement, alongside one or more other named tenants. You can also become a co-tenant by replacing someone who has left an existing co-tenancy. Whether another person living in the property is a co-tenant, a sub-tenant, or something else depends on their specific arrangement with the head-tenant or property manager/owner — if there's uncertainty, you can call the RTA or make an urgent application to QCAT for a decision. If a housemate is renting from you rather than being named on the agreement, our guide to subletting rules in Brisbane covers what that arrangement requires instead.

How liability actually works

Co-tenants can be jointly, or individually, liable for all the rent. In practice this means the property manager/owner isn't limited to chasing whichever co-tenant happens to have stopped paying their share — they can pursue any one co-tenant, or all of them, for the full amount owed. The same principle applies to compensation: if the tenancy agreement is breached (for example, through property damage), co-tenants can be jointly or individually responsible for the full cost of compensation owed to the property manager/owner.

This is the core thing to understand before signing a co-tenancy agreement: your liability isn't capped at "your share."

Leaving a share home

Before moving out, all co-tenants should settle their share of any costs for cleaning, damage, or unpaid rent.

If a co-tenant leaves during the tenancy:

• They need to arrange to get their share of the bond back — either from the person moving in to take their place, or from the co-tenants remaining.
• A Change of Bond Contributors (Form 6) must be completed and lodged with the RTA to reflect the change.

If all co-tenants move out, a Refund of Rental Bond (Form 4) is used to request the full bond refund from the RTA instead. Our guide to bond disputes in Brisbane covers what happens if that refund is contested.

Ending a tenancy when a co-tenant dies

If a co-tenant dies, the remaining tenant(s) may be able to end the tenancy — but for general tenancies and moveable dwellings, this specific ground can only be used if continuing the agreement would be impractical for the remaining tenant, or would cause them excessive hardship. (This limitation doesn't apply in rooming accommodation.)

Domestic and family violence

A co-tenant who can no longer safely remain in the tenancy due to domestic and family violence can end their own interest in the agreement using a Notice Ending Tenancy Interest (Form 20), with supporting evidence, giving 7 days' notice (though they can vacate immediately and remain responsible only for rent up to the end of that 7-day period). The tenancy continues for the remaining co-tenant(s). This is a distinct, faster process from the general rules above — see our guide to breaking a lease early in Brisbane for how this fits alongside the other ways a tenancy can end early.

Bonds in a co-tenancy

• Bonds must generally be lodged with the RTA, whether the arrangement is a straightforward co-tenancy, a sub-letting arrangement, or a boarder/lodger situation — failing to lodge a bond is an offence.
• All bond contributors must be listed on the lodgement, along with the amount each person paid.
• Anyone who receives a bond payment from someone else (the property manager/owner, or a head-tenant) must give that person a receipt.

References

• RTA — Share homes and co-tenancies
• RTA — Ending a tenancy agreement
• RTA — Notice ending tenancy interest (domestic and family violence) (Form 20)

This guide summarises rules published by the Residential Tenancies Authority (RTA) at the time of writing. Live in Brisbane is an independent project and is not affiliated with the RTA, the Queensland Government, or the Queensland Civil and Administrative Tribunal. For advice on your specific situation, contact the RTA directly on 1300 366 311 or visit rta.qld.gov.au.