A tenant can have guests temporarily stay at their home without having to notify or ask permission from the landlord. A guest staying in the property is different from someone living in to the property as a sub-tenant or taking over the lease as an assignee.
Consent
Tenants must get written permission from the landlord before assigning a lease. If they don’t have consent a landlord can serve a breach notice (238.7 KB PDF) within 21 days of becoming aware of it.
A landlord must have a good reason to refuse permission. A tenant can apply to the South Australian Civil and Administrative Tribunal to get permission if they feel the landlord is refusing without good reason.
A landlord cannot:
- add conditions to the lease agreement that limit or deny the right to sublet, or assign
- ask for any money to consider the request other than reasonable costs associated with the change, such as land agent fees
- increase the rent because the tenant has sublet.
Subletting
Subletting is when a tenant rents a room to another person. In this case, the tenant becomes the head tenant and must meet a landlord's legal responsibilities when dealing with their sub-tenant.
Assigning
Assigning is allowing another person to take over the lease agreement. It can be done if there's a fixed term lease and the tenant needs to leave before the end date.
When assigning a tenancy to someone else, the new tenant takes over the existing lease agreement. They become responsible to the landlord for meeting all conditions listed in the agreement.
All information should be clearly detailed on the lease agreement and signed by the tenant, the landlord and the new tenant.
If the lease is assigned without the landlord's written consent the tenant will remain responsible for the lease agreement. This includes if they’re no longer living at the property.
Contact CBS Tenancies
Email: ocbatenancyadvice@sa.gov.au
Phone: 131 882
Post:
GPO Box 965
Adelaide SA 5001
