All Topics / Help Needed! / Agreement/contract for renting a room in my house – License to occupy premises

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  • Profile photo of propertyboypropertyboy
    Participant
    @propertyboy
    Join Date: 2008
    Post Count: 232

    I live in a 2br unit by myself and I have decided to earn some extra money by renting the other room out.

    How should I formulate the agreement?

    https://lawcentral.com.au/CreateDoc/createlink.asp?docId=167

    I wanted to use this but it is only for full tenancies not shared.

    This is the response I got when I asked if I could use that document

    " The LawCentral document is strictly for the whole premises I’m afraid. We did once have a document that covered your scenario called a License to occupy premises, but the authoring lawyer asked us to withdraw it some time ago as it had become out of date. I can contact him and ask for an indicative price to prepare one for your client as a one off if you would like."

    Can I use that document to create a cotenancy agreement by cutting and pasting out relevant bits? The actual document is made via tabs and then they send you a .pdf of the contract. Has anyone made a contract from that link and can you tailor make it to fit a shared agreement?

    If not, can anyone direct me to a solution?

    Many thanks

    Profile photo of KateMelbKateMelb
    Member
    @katemelb
    Join Date: 2010
    Post Count: 71

    As the Residential Tenancies Acts in each State also generally include rooming houses, the Act in your State may still apply even though only one room and not the entire premises is being rented. If the Act applies, it means you must use the standard residential tenancies agreement.
     
    Best to check out the law in your State and contact your State's Consumer Affairs/ Fair Trading Department to confirm. The Rentwise blog contains links to this free information: http://blog.rentwise.com.au/index.php/2010/05/24/free-forms-and-resources-for-self-managers/

    Profile photo of propertyboypropertyboy
    Participant
    @propertyboy
    Join Date: 2008
    Post Count: 232

    cheers kate

    does anyone have any experience doing this?

    any horror stories or things to look out for?

    Profile photo of js2js2
    Member
    @js2
    Join Date: 2003
    Post Count: 758

    I'd just get them in with a verbal agreement. It's in your own house so go on gut feel and a character you can mix with.

    Just lay down a few ground rules before they come in but think most people will just know and adapt to this with a common verbal agreement.

    If things go wrong they will probably just move out. You live there so it's the easiest tenant to manage. I use written agreements for rental properties but if someone is renting a room just get 100 a week (whatever you ask) and you move in it's done.

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