How to Transfer a Lease or Add a New Tenant in Australia

If someone is moving into your rental — a partner, a new housemate, a family member — and they will be living there on a permanent basis, they should be added to the lease. Living there without being on the lease leaves both parties in a legally uncertain position.

To add a tenant:

Adding someone to a lease does not restart your fixed term. All co-tenants are jointly responsible for the rent — if one person does not pay, the others are still liable for the full amount.

1. Request this in writing from your property manager or landlord
2. The new person will typically need to complete a rental application (ID, income evidence, references) — the landlord has the right to approve or reject them as a co-tenant
3. If approved, all parties sign an agreement to add the new tenant
4. The existing lease terms continue; the new person becomes equally bound by them

A lease transfer (or assignment) is when you want to leave but someone else will take over your spot — keeping the lease alive rather than ending it.

This requires your landlord's consent, which they cannot unreasonably withhold in most states. The incoming tenant must meet the landlord's reasonable application requirements.

The process:

A lease assignment is the cleanest exit if you need to leave during a fixed term — it avoids break lease costs entirely if the landlord accepts the new tenant.

1. Find a potential replacement tenant who is willing to take over
2. Request a lease assignment in writing from your landlord or agent
3. The incoming tenant submits an application
4. If approved, a formal assignment agreement is executed
5. You are released from the lease; the incoming tenant takes on all existing obligations

When a housemate leaves, removing them from the lease protects everyone. An absent co-tenant remains legally liable for the rent and any damage until they are formally removed.

To remove a co-tenant:

The departing tenant's bond contribution needs to be resolved at this point. If you are taking on their bond share yourself, this should be documented. If the landlord holds all bond under one name, get written confirmation of the updated arrangement.

1. All existing tenants (including the departing one) and the landlord must agree
2. A formal agreement is signed removing the outgoing tenant
3. The remaining tenants and the landlord must agree to the continuation of the tenancy without them

Bond complicates tenant changes because the bond authority holds the funds against the original lease, not individual tenants.

Best practice when a co-tenant leaves: Settle the departing tenant's bond contribution privately between yourselves. Do not attempt to withdraw and re-lodge bond mid-tenancy — this is complicated, takes time, and requires landlord cooperation. Instead, the departing tenant agrees to receive their share from the remaining tenants directly, and the remaining tenants take on responsibility for the full bond at the end of the tenancy.

Document this arrangement in writing — a simple signed agreement noting the transfer is sufficient. This avoids disputes when the tenancy eventually ends.

If the landlord refuses to agree to an addition, transfer, or removal without good reason:

Get legal advice from your state tenancy authority or community legal centre if you encounter an unreasonable refusal.

• In most states, a landlord cannot unreasonably withhold consent for a lease assignment where you are leaving and the proposed replacement is a reasonable tenant.
• If you believe the refusal is unreasonable, you can apply to the tenancy tribunal for an order allowing the assignment.
• For adding or removing tenants from a shared lease, the landlord has more discretion — but refusing without reason for a clearly reasonable proposed arrangement may be challengeable.