Subletting Rules for Brisbane Renters: What's Allowed and What Needs Written Permission

If you're already renting in Brisbane and want to let someone else rent part or all of your property, that's subletting — and it comes with specific obligations under the Residential Tenancies and Rooming Accommodation Act, the same statewide law that applies everywhere in Queensland. This guide sets out exactly what's required, based only on what the RTA publishes. If you're weighing up subletting against simply adding someone as a named co-tenant, our guide to share housing in Brisbane and our guide to joint tenancy and co-tenancy cover how that alternative arrangement works instead.

You need written permission first

If a tenant wants to sublet a room in their rental property, they must get written permission from the property manager/owner before doing so. Approved occupants should also be listed in the special terms of the tenancy agreement.

Once approved, you become a "head-tenant"

When a tenant named on the agreement gives someone else the right to rent part or all of the property, that original tenant becomes a head-tenant. As a head-tenant, you take on essentially the same responsibilities as a property manager/owner would have toward a tenant. That means providing your sub-tenant with:

• a written tenancy agreement
• an Entry Condition Report — Form 1a for houses/units, or Form 1b for a moveable dwelling/site
• the RTA's Pocket Guide for Tenants – Houses and Units (Form 17a)
• a receipt for any bond money paid.

Any agreement between a head-tenant and sub-tenant should be in writing, and it's recommended to include how bills (utilities and other service charges) will be split.

Sub-tenant or co-tenant? It depends on the arrangement

Whether someone living in the property counts as a co-tenant or a sub-tenant depends on their specific circumstances and what's actually been agreed with the head-tenant. If there's genuine uncertainty about which applies, you can call the RTA, or make an urgent application to QCAT for a decision. Note also that the property manager/owner is not responsible for resolving disputes between tenants — that's between the head-tenant and sub-tenant (or the tenants themselves).

Rent payment options for sub-tenants

A head-tenant, just like a property manager/owner, must offer a sub-tenant at least two ways to pay rent. One of these options must not exceed reasonable transactional costs (on top of standard bank fees), and it must be reasonably accessible to the sub-tenant. If the head-tenant would receive any financial benefit from the sub-tenant using a particular payment method — for example an incentive payment or a cut of platform fees — that must be disclosed upfront.

Service charges

If a sub-tenant is responsible for utilities or other service charges, the head-tenant must give them a copy of the relevant document from the service provider showing the charges, within 4 weeks of the head-tenant receiving it. If this isn't done in time, the sub-tenant doesn't have to pay for that service charge. This doesn't apply to charges already included in the rent.

Bonds

• The maximum bond that can be taken is 4 weeks' rent, regardless of the weekly rent amount.
• Bonds must generally be lodged with the RTA — via Online Bond Lodgement or a Bond Lodgement (Form 2) by post — even in a subletting arrangement. Failing to lodge a bond is an offence.
• All bond contributors must be listed on the lodgement form, along with the amount each paid.
• Whoever receives a bond payment (property manager/owner or head-tenant) must give a receipt to the person who paid it.

If a bond dispute arises between a head-tenant and sub-tenant, the same RTA and QCAT processes apply as in a standard tenancy — see our guide to bond disputes in Brisbane for how that works.

Leaving the property

Before moving out, everyone in the household should settle their share of any cleaning, damage, or unpaid rent costs. If there was an agreement during the tenancy to attach fixtures or make structural changes, that agreement may need to be factored into the Exit Condition Report (Form 14A/B) when the tenancy ends. Our guide to ending a tenancy in Brisbane covers the exit process, condition reports and bond refunds in full.

References

• RTA — Sub-letting
• RTA — Share homes and co-tenancies

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.