Subletting or assigning a lease

Subletting or assigning a lease may seem straightforward, but it's important to understand the legislations and implications of it.  As a tenant, they are allowed to have guests or visitors stay temporarily at their rental property, but they cannot be long-term residents. Should the dynamics of the living arrangements change, at the rental property, they must first obtain written permission from their landlord or agent. 

In the case of subletting, this occurs when the tenant wants someone else to live in the rental property permanently while they remain as the original tenant.  The original tenant becomes a "head" tenant and takes full responsibility for the sub-tenant's actions, including paying rent and repairing any damage caused.  The head tenant can then seek damages from the sub-tenant. Bearing in mind, the sub-tenant has the same rights and obligations as any other tenant in a private rental agreement.

As for assigning a lease, this occurs when the original tenant needs to leave the rental property before the end of the fixed-term tenancy. A new tenant becomes fully responsible to the landlord. The original tenant is released from the fixed-term tenancy, and an assignment of lease must be drawn up with all parties signing it.

The assignment of lease is a legal document which transfers the rights and obligations of the original tenant to the new tenant. It outlines the terms and conditions of the tenancy agreement, including the rent amount, payment due date, security deposit, and the duration of the lease. Both the original tenant and the new tenant must sign the assignment of lease, along with the landlord or their agent, to make it legally binding.

The assignment of lease protects all parties involved in the tenancy agreement.

In both cases above, the landlord or agent may require information about the new person, such as rental history. They may deem the new person unsuitable if they do not meet the application process requirements.

It is essential to keep the landlord and/or the agent up to date with who is living at the rental property. Failure to do so could result in the tenant being held liable for damages caused by the sub-tenant or being responsible for the lease even if they have moved out.

In conclusion, subletting or assigning a lease can be a viable solution, but it is crucial to follow the proper procedures, obtain written permission from the landlord or their agent and be aware of the legal obligations.

This article specifically pertains to tenancy agreements governed by the South Australia Residential Tenancies Act 1995.