Choose your flatmates wisely – Understanding joint & several liability
When you sign a tenancy agreement with others — whether friends, flatmates, or family — you’re not just sharing the rent. You’re sharing the responsibility.
In most tenancy agreements, all named tenants are jointly and severally liable. This means each tenant is responsible for the entire rent, any damage, or debt — not just “their share.”
If one person moves out early or stops paying, the remaining tenants are still liable for the full amount. The landlord or property manager doesn’t need to chase the person who left — they can recover the full debt from any of the remaining tenants.
The same rule applies to damage
If a property is damaged during the tenancy, all tenants are responsible for the cost of repairs regardless of which tenant caused the damage.
Pets and joint liability
When tenants are allowed to keep a pet, every named tenant is responsible for any damage resulting from keeping the pet, whether or not they personally own it.
As Tenancy Services explains, it’s not just about whether the pet caused the damage, but whether the damage resulted from keeping a pet — for example, flooring damage from a leaking fish tank. So if your flatmate’s cute pooch chews the carpet or scratches the doors, you could still be the one footing the bill for repairs.
Unlawful activity and exemplary damages
Tenants are also jointly responsible if the premises are used for unlawful purposes, even if only one person was involved, or if it was a flatmate’s visitor. Under Section 40 of the Residential Tenancies Act 1986, using or permitting the premises to be used unlawfully is an unlawful act with exemplary damages of up to $1,800.
This can include:
- Drug use or manufacture
- Unlawful parties or gatherings
- Breaching council bylaws
- Causing damage through unsafe behaviour
Even if only one tenant was aware of the activity, all tenants may still be liable for the costs of repair, cleaning, or penalties ordered by the Tenancy Tribunal.
Key takeaway
Before you sign a tenancy agreement with others, make sure you trust them, because under joint and several liability, you’re responsible for each other’s actions as well as your own.
