lease

16

May
by

The Risks of Not Being on the Lease in NSW

16th May, 2025

 

Many people live in rental properties without being formally listed on the lease. While this might seem like a simple or temporary arrangement, it can come with serious legal and financial risks.

This issue can also complicate broader property matters—especially when disputes arise, or when ownership or occupancy arrangements need to be clarified.

 

  1. Limited Legal Protection

If your name isn’t on the lease, you are not legally recognised as a tenant under the Residential Tenancies Act 2010. That means you may have no right to challenge eviction, request repairs, or access services like the NSW Civil and Administrative Tribunal (NCAT).

Even if you’ve lived in the property for months, you may be treated as a guest—not a tenant.

 

  1. Risk of Eviction Without Notice

If the person listed on the lease decides to move out or ends the tenancy, you could be left without legal grounds to stay. Similarly, if the property is sold, a new landlord may request that you vacate—sometimes with little notice.

You may also be asked to leave immediately if the named tenant is evicted.

 

  1. Financial Vulnerability

People not on the lease often contribute to rent and bond payments. However, without a written agreement or formal recognition, there’s no legal requirement for the leaseholder—or the landlord—to return your share of the bond or protect your financial interests.

You may also be excluded from any negotiations about rent increases or utilities.

 

  1. Difficulty Proving the Terms of Tenancy

Without your name on the lease or a separate written agreement, it’s hard to prove what you’ve agreed to. This includes how much rent you owe, what your rights are, or how long you planned to stay. In a dispute, you may struggle to assert your position.

 

  1. Limited Access to Tenancy Dispute Processes

If you’re not a named tenant, you may not be able to access assistance from NCAT or NSW Fair Trading. These bodies typically assist individuals with legal standing under a formal tenancy agreement.

This can be especially difficult when there’s a disagreement over rent, repairs, or your right to remain in the property.

How to Protect Yourself

If you’re living in a rental but not on the lease:

  • Request to be added to the lease through the agent or landlord.
  • Keep written records of all rent and bond payments.
  • Ask for a written agreement with the leaseholder if you’re subletting.
  • Seek legal advice if you’re unsure of your rights or if a dispute arises.

 

How We Can Help

At Bangalow Conveyancing, we understand that tenancy issues often arise during complex property matters. Our experienced team can help clarify occupancy arrangements, advise on risk, and ensure all parties understand their legal position.

Whether you’re navigating a complicated property transaction or need clarity on your rights, our team is here to help.

 

If you found the information in this blog post helpful, check out our other regularly updated blog posts.