What is a flatmate agreement?

A flatmate agreement outlines the basic terms and conditions of living in a shared house. It covers topics such as rent and termination, bills and any additional house rules. Depending on your tenancy situation, different types of law may apply.

If you are renting a whole premises (i.e. house or apartment) then the Residential Tenancy Law will automatically apply. If you are renting a room with access to shared facilities then you can have your housemate sign on to your existing Residential Tenancy Agreement, or you may choose to sublet under a Flatmate Agreement, which is a Common Law agreement setting out the basic terms. This blog post will refer to the Flatmate Agreement, common in house share situations.

What to consider when creating a flatmate agreement#

When creating a flatmate agreement, there are a few key things to consider. Firstly, details on the room being rented should be outlined. For example, whether it is furnished or unfurnished and if there is any additional furniture or appliances that come with it. Secondly, rent and termination should be clearly outlined. This should include the notice period for ending the lease, the start and end date of the agreement, and the payment method and frequency.

The agreement should also include details on the bond. Including the standard bond amount (which varies from state to state) and who it should be deposited with. It should also include details on bills such as water, electricity, gas and internet. Who will be responsible for paying them and whether or not they are included in the rent. Any other additional terms and house rules should also be included.

Finally, the agreement should include standard fields such as a section for the tenant's signature. You should also collect Photo ID and contact details to verify your incoming flatmates identity.

What to do if a flatmate isn't respecting the agreement#

If you find that your flatmate is not respecting the agreement, the first step is to communicate with them. Try to reach an understanding and work out a solution that works for both parties. If you are unable to come to an agreement, then seek the help of a mediator.

This could be a friend, a mutual third party or a dispute resolution service. For more tips on dealing with difficult housemates, check out our blog post.

If the issues remain unresolved, then you may need to consider legal action as a last resort.

Are there any resources for generating an agreement?#

Luckily, there are several resources available to help you generate a flatmate agreement. Flatmates has released a fillable PDF, which can be used to create the agreement. Law Depot also has an interactive online form which can be used to generate an agreement.

Conclusion#

Having a clear and comprehensive flatmate agreement in place provides certainty and clarity for both the tenant and landlord. It outlines the basic terms and conditions of living in a shared house and helps to avoid any potential disputes down the road. It should include details on the room being rented, rent and termination, bond and bills. If a flatmate is not respecting the agreement, then communicate with them. If necessary, seek mediation or consider legal action as a last resort. For more tips on finding the perfect flatmate, check out our blog.

The information contained in our guides provides a broad overview of laws and regulations affecting share accommodation. It is important to note, however, that it may not apply in all legal jurisdictions or to all share accommodation situations. We urge you to use this information as a guide only, and to seek independent Legal Advice or consult the Relevant Acts for your specific circumstances. Please note that we are not responsible for any liability that may arise from the use of this information.