Your tenancy status – pros and cons

Co-tenant

Pros

No one in the house can kick you out unless they get a Tribunal order.

Everyone on the lease is equal; no one has the right to boss around the others.

You can claim your rights as a tenant directly against the landlord, such as your right to have repairs done or challenge rent increases.

Cons

Disagreements between co-tenants cannot be resolved at the Tribunal unless the disagreement is over the bond or terminating the lease.

You are directly responsible to the landlord and may be individually or jointly liable.

Head-tenant over sub-tenant

Pros

You alone deal with the landlord and can decide what happens to the tenancy, e.g., you can ask to get repairs done or challenge rent increases.

You can choose your housemates.

You can ask your housemates to leave (but you will have to give the correct notice of termination).

If you have a disagreement with your sub-tenant, you can apply to the Tribunal for a solution.

Cons

You are liable for the payment of rent, the state of the premises, and for any damage caused by your sub-tenants.

If the sub-tenants move out, you will have to find new housemates or pay their share of the rent.

You must follow the requirements of the Residential Tenancies Act, e.g., if you want a sub-tenant to leave, you must give them the required notice in writing.

Sub-tenant

Pros

If you have a written agreement, you have the protection of the Residential Tenancies Act if you have a problem with your head-tenant.

You have the right to expect people will not come into your room without your permission.

Cons

You have to comply with the Residential Tenancies Act, e.g., you must give your head-tenant 21 days written notice if you want to leave.

Your head-tenant can ask you to leave if they give you the correct notice of termination.

Boarder/lodger

Pros

Your arrangement is flexible; you can move out with very little notice.

You’re not responsible for the debts and actions of the other housemates.

Cons

You can be asked to leave with very little notice.

If you have a disagreement with your landlord or head-tenant, you can only go to the Tribunal for a solution if the landlord is renting the place as a business.

You don’t have the right to control what happens with your room.

Head-tenant over boarder/lodger

Pros

You have greater control and flexibility over the management of the share house, such as setting house rules or choosing who you want to live with.

You do not have to comply with strict residential tenancy laws and regulations.

Cons

It can be more difficult to recover outstanding debts from a boarder/lodger if they fall behind on rent or damage your property.

The boarder/lodger does not have to give much notice if they want to move out; if they do, you will need to find a new housemate or pay their share of the rent.