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.
