What is a Flatmate Agreement?
A Flatmate Agreement is a document created between two or more residents of a rental unit that outlines house rules, restrictions, and duties in order to avoid unnecessary conflict or tension. It’s a good idea to create a Flatmate Agreement for any shared accommodation situation.
A Flatmate Agreement is also known as a:
- Housemate agreement form
- Flatmate contract
- Roommate contract
- Roommate agreement
- House share agreement
- Flatmate agreement contract
What is the difference between a tenant and a flatmate?
A tenant is someone renting property from a landlord. The tenant and landlord usually have a signed contract called a Residential Tenancy Agreement, which outlines the details of a lease.
Flatmates are people who live together. A flatmate shares accommodations with the tenant or landlord (if the landlord lives on the property). A flatmate isn’t necessarily a tenant unless they have their name on the tenancy contract. Even if all flatmates are listed as tenants, a flatmate agreement can still be used to outline the responsibilities between tenants.
The Tenancy Agreement may include all flatmates or just one depending on the agreement. However, you should include all flatmates in a Flatmate Agreement.
Why is a Flatmate Agreement important?
A Flatmate Agreement allows everyone living under the same roof to establish a clear understanding of what they expect of each other in order to avoid misunderstandings or conflict.
Creating a Flatmate Agreement requires people living together to have thorough conversations about financial responsibilities, house rules, and household duties. These conversations help establish a mutual understanding between flatmates or roommates as to what they expect of each other. Additionally, it allows the chance to discuss any potential issues in advance and outline a method for resolving disputes, if they should arise in the future.
Is a Flatmate Agreement legally binding?
While some aspects of a Flatmate Agreement, such as the division of household duties, would be difficult to enforce in court, it may be possible to take legal action against a roommate who fails to uphold the financial duties outlined in the document. For example, if one of the flatmates in the agreement fails to pay rent or their share of utilities, it may be possible to use a Flatmate Agreement as evidence of the arrangement.
While the cost of legal fees may not make it worthwhile to pursue these matters in court, it’s still a good idea to create a Flatmate Agreement. Having a document that clearly outlines what is expected of everyone involved can help avoid these kinds of conflicts altogether.
What is the difference between a Flatmate Agreement and a Residential Lease?
A Residential Lease outlines the terms and conditions of a tenancy. Use this document if one party is renting residential property from another. This document outlines the responsibilities of the tenant or tenants and the landlord, the cost of rent, property details, and more.
On the other hand, a Flatmate Agreement is a document created amongst tenants, flatmates, or housemates to establish rules and obligations amongst themselves. The landlord isn’t involved in the making of a Flatmate Agreement and isn’t provided with a final copy of the agreement. However, the landlord’s name may be included in the Flatmate Agreement.
If you are renting a property and living with another person at that property, both documents are vital.
How do I write a Flatmate Agreement?
If you’re moving in with a flatmate, follow these steps to ensure you create a thorough Flatmate Agreement that protects all parties. Include all flatmates in the creation of the document.
1. Provide property and lease details
Start by providing the full address of the property where the flatmates will be living. If this is a leased property, include the lease start date and note when the Residential Lease Agreement ends.
2. Provide details of all parties
Include the full names of all flatmates living at the property. You can include as many flatmates as you need.
If there is a lease involved, include the landlord’s name as well.
3. State the terms of the agreement
Determine when your Flatmate Agreement will end. You can choose for it to end at the same time as the Residential Lease Agreement or at a fixed time. Alternatively, you can choose for the agreement to automatically renew yearly or monthly.
Include the rent details, if applicable. Specify when the flatmates are required to pay rent.
If a bond deposit is required, state the amount and how the flatmates plan to divide the cost. Most flatmates split the bond deposit when they pay it at the start and again when they get it back once they move out.
However, if one flatmate moves out before the lease is up, the landlord isn’t required to return the bond deposit until all tenants vacate.
One common solution to this problem is to have the new flatmate pay the departing flatmate their share of the bond deposit. If the departing flatmate caused some damage to the apartment, then the new flatmate should deduct the cost of that damage from the amount paid.
4. Divide utilities and costs
If the flatmates are responsible for paying utilities and these details aren't already specified within the Residential Lease Agreement, note which services the flatmates are responsible for and how they will handle utilities. Flatmates can split bills equally or unequally, or have one person responsible for a bill.
In addition to dividing utilities, determine how flatmates will divide additional household costs and expenses.
5. State any house rules, restrictions, and duties
List any house rules and restrictions, including rules regarding:
- Smoking
- Alcohol
- Illegal activities
- Parties, gatherings, and celebrations
- Quiet hours
- Guests
- Personal property
- Other
Determine how to divide household duties and responsibilities, including:
- Cleaning
- Pets
- Parking spots and costs
- Living arrangements (such as shared spaces)
- How to mediate disagreements of damage
- Other
Additionally, you should note whether one flatmate can terminate another flatmate’s tenancy. If this is possible, state which of the following conditions must apply for this to take place:
- Majority vote
- Flatmate failing to pay rent
- Flatmate failing to pay for household expenses
- Flatmate violating an obligation under the Residential Tenancy Agreement
- Flatmate violating an obligation under the Flatmate Agreement
- Other
You can also specify how much notice a flatmate must give before leaving the Lease. Specify the number of days, or if this matter is addressed in the Rental Agreement, note that this matter is discussed in that document.
Make note of who the flatmate should give notice to if they’re leaving the Rental Agreement. Choose to notify the other flatmates, the landlord, or another party.
Additionally, provide the number of days after leaving that the flatmate must provide a mail forwarding address, as well as how many days they have to remove their property from the premises before the remaining flatmates can discard their abandoned belongings.
6. Include additional clauses
If there are any clauses you wish to include that aren’t previously covered above, you can choose to add them.
7. Sign the document
After completing the document, all parties should sign it in order to make it valid. You can also choose to include witness signatures, although it isn’t necessary.
Can you evict a flatmate?
If you and your flatmate are co-tenants, you usually don’t have the ability to evict each other, even if the flatmate in question fails to fulfill their financial obligations. The landlord is usually the only person who can evict a tenant.
However, if the flatmate you wish to evict isn’t a tenant (meaning they aren’t part of the Residential Agreement with the landlord), you may be able to evict them. There is a section of our Flatmate Agreement template that allows you to include a clause stating whether or not flatmates are able to evict each other.
If you decide to evict a flatmate, you will still need to follow proper procedure. Provide a written notice to the flatmate you’re evicting in advance and adhere to any other eviction policies (e.g., the amount of days notice you must give) you outlined in your Flatmate Agreement.
Don’t evict the person by changing locks or removing their belongings from the residence. Wrongful evictions can have financial ramifications later in court. Additionally, if an eviction turns violent and the authorities become involved, you may be asked to let the flatmate in question back into the property.
You also may be able to apply to your state or territory’s civil tribunal. Some of these tribunals can provide orders removing co-tenants (such as ACAT).
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