A shared tenancy agreement is a legal document that outlines the terms and conditions of renting a property with one or more people. This type of agreement is often used by friends, couples, or individuals who wish to share the cost of living in a rental property.

However, situations may arise where one party wishes to leave the shared tenancy agreement before the lease term is up. In such cases, it is vital to understand the legalities surrounding the process of leaving a shared tenancy agreement, particularly in Western Australia.

Under Western Australian law, tenants who share a rental property are considered joint tenants. This means that each tenant is equally responsible for paying rent, taking care of the property, and complying with the terms of the tenancy agreement. When one tenant leaves the shared tenancy agreement, it can impact the other tenants and the landlord.

The first step in leaving a shared tenancy agreement in Western Australia is to communicate with the other tenants and the landlord. The tenant who wishes to leave must provide written notice to the landlord and the other tenants. The notice must state the date they intend to vacate the property, which must be at least 21 days after the notice is given.

If the other tenants wish to continue living in the property and can afford the rent without the departing tenant, they can seek to negotiate a new tenancy agreement with the landlord. Alternatively, the departing tenant can ask the remaining tenants to take over their share of the rent and utilities until the lease term ends.

If the landlord agrees to release the departing tenant from the tenancy agreement, they may require the remaining tenants to sign a new agreement to reflect the changes. Additionally, the departing tenant must ensure that they have paid their share of the rent and any outstanding bills before leaving the property.

It is important to note that breaking a tenancy agreement without proper notice or failing to pay rent can result in legal action and may impact future rental opportunities. Therefore, it is crucial to seek legal advice before leaving a shared tenancy agreement in Western Australia.

In conclusion, leaving a shared tenancy agreement can be a complicated process, particularly in Western Australia. Tenants must provide written notice to the landlord and other tenants, negotiate a new agreement if necessary, and ensure all financial obligations are met before vacating the property. Seeking legal advice can help ensure a smooth transition and prevent any legal issues.