Co-tenancy Agreement (Australia)

Create a legally compliant Residential Tenancy Agreement for any Australian state or territory. Covering landlord and tenant rights, rent, bond, condition report, maintenance obligations, break fees, and termination procedures in accordance with the NSW Residential Tenancies Act 2010, VIC Residential Tenancies Act 1997, QLD Residential Tenancies and Rooming Accommodation Act 2008, and equivalent state legislation.

A Cohabitation Agreement is a written contract between two people who are living together — or planning to live together — as an unmarried couple. It sets out each party's rights and obligations in relation to property, finances, and other shared arrangements during their relationship, and specifies what happens to property, shared finances, and the shared residence if the relationship ends. In Australia, cohabitation agreements are particularly significant because of the legal rights that can arise once an unmarried couple has lived together as a de facto couple. Under Part VIIIAB of the Family Law Act 1975 (Cth), de facto couples — including same-sex couples — who have cohabited for at least two years (or who have a child together, or where one party has made a substantial contribution) may apply to the Federal Circuit and Family Court of Australia for property division orders and maintenance orders. These are the same court processes available to married couples. This means that without a clear agreement in place, an unmarried Australian couple's property and financial arrangements may be subject to court intervention at the end of the relationship in much the same way as a marriage. Several state and territory Acts add additional layers of protection for cohabiting partners. In New South Wales, the Property (Relationships) Act 1984 (NSW) allows de facto partners and domestic partners to apply for property adjustment orders after two years of cohabitation. In South Australia, the Domestic Partners Property Act 1996 (SA) provides similar rights. In Tasmania, the Relationships Act 2003 (TAS) establishes a formal registration scheme for personal relationships, with property rights arising from registration. Victoria, Queensland, Western Australia, and the ACT provide similar rights under their respective domestic relationships or de facto provisions. A Cohabitation Agreement allows couples to take control of their financial relationship before the law imposes a default framework on them. The agreement can clearly state which property each party owns separately (including property brought into the relationship, and property received as gifts or inheritances during the relationship), how jointly acquired property will be owned, how shared household expenses will be allocated, how a joint bank account will be operated and divided, and what will happen to the shared residence and other assets if the relationship ends. For couples who are beginning to cohabit, a Cohabitation Agreement provides clarity and certainty at the outset of the relationship, avoiding disputes about who owns what if things go wrong. For couples who have cohabited for some time, a Cohabitation Agreement can document their existing arrangements and clarify their intentions going forward. A Cohabitation Agreement is different from a Binding Financial Agreement (BFA) under the Family Law Act 1975 (Cth). A BFA is a more formal document that, if properly executed with each party receiving independent legal advice from a separate Australian solicitor and those solicitors providing the required certificates, can be legally binding and can remove the court's jurisdiction to make property orders. A Cohabitation Agreement that does not meet the requirements of a BFA under section 90UC or 90UD of the Family Law Act will not have the same legally binding effect but still provides a valuable record of the parties' intentions and arrangements, and may be taken into account by a court in any subsequent proceedings. Both parties should make full and frank disclosure of their assets, liabilities, income, and superannuation. Failure to disclose material financial information is a ground on which a court may disregard the terms of any financial agreement. Both parties are strongly encouraged to seek independent legal advice from separate solicitors before signing. This template provides a comprehensive starting point for an Australian Cohabitation Agreement. For the agreement to have maximum legal protection — particularly if the parties wish it to operate as a Binding Financial Agreement under the Family Law Act — it should be reviewed and signed with the assistance of two separately instructed Australian solicitors.

A Notice to Vacate is a formal written notice issued by a landlord requiring a tenant to leave a rental property by a specified date. In Australia, the right to issue a notice to vacate — and the minimum notice periods that must be observed — is governed by the residential tenancy legislation in each state and territory. Landlords who fail to follow the prescribed notice periods and procedural requirements risk having the notice declared invalid by the relevant tribunal. Under the Residential Tenancies Act 2010 (NSW), a landlord who wishes to terminate a periodic tenancy without providing a specific reason must give 90 days' written notice. Where the ground for termination is a breach of the agreement by the tenant, the required notice period is shorter: for example, 14 days' notice applies in cases of non-payment of rent or serious damage to the property. A landlord who requires the property for their own use must give 90 days' notice for a periodic tenancy. At the end of a fixed-term agreement, the landlord must give at least 30 days' notice if they do not wish to renew the tenancy. In Victoria, under the Residential Tenancies Act 1997, the framework is similar but the notice periods differ. A landlord terminating a periodic tenancy without cause must give 60 days' notice. For non-payment of rent, the notice period is 14 days. The Victorian legislation also specifies notice requirements for renovation, demolition, and the landlord's own use, all requiring a minimum of 60 days. In Queensland, under the Residential Tenancies and Rooming Accommodation Act 2008, a landlord terminating a periodic tenancy without cause must give two calendar months' notice. For a fixed-term agreement, the landlord must give two months' notice before the end date if they do not intend to offer a further tenancy. Notice periods for breaches such as non-payment of rent are shorter — generally seven days for rent arrears. In Western Australia, South Australia, and Tasmania, similar provisions apply under their respective Residential Tenancies Acts, with notice periods varying by ground and tenancy type. A valid notice to vacate must be in writing and must include the address of the premises, the reason for the notice (where required), the date by which the tenant must vacate, and the landlord's contact details. In some states, the notice must also refer to the specific ground or section of the Act under which it is being issued. The notice must be served in a manner permitted by the relevant Act — typically by personal delivery, registered post, or email (where the tenant has consented to electronic service). If the tenant does not vacate by the date specified in a valid notice, the landlord must apply to the relevant tribunal for a possession order. In New South Wales, this is the NSW Civil and Administrative Tribunal (NCAT); in Victoria, it is the Victorian Civil and Administrative Tribunal (VCAT); and in Queensland, it is the Queensland Civil and Administrative Tribunal (QCAT). A tribunal will generally only make a possession order if the notice was validly issued and properly served, and the grounds stated in the notice are established. For landlords, using a clear and properly drafted notice to vacate helps ensure the notice is legally valid and reduces the risk of a successful challenge by the tenant. For tenants, receiving a notice to vacate does not necessarily mean you are required to leave immediately — you should check the notice period, the stated ground, and whether the applicable notice periods have been complied with. If you have any doubt about the validity of the notice you have received, you should seek advice from your state's tenant advisory service, community legal centre, or a solicitor experienced in tenancy law. This template is designed to assist landlords in preparing a clear, properly documented notice to vacate that complies with the general requirements of Australian residential tenancy legislation. It should be reviewed and adapted to reflect the specific requirements of the state or territory in which the property is located.

A professionally drafted Shared Workspace Agreement for Australian businesses that share office or commercial premises. Covers the grant of a non-exclusive licence to occupy a defined area, monthly licence fees and GST treatment, proportionate sharing of outgoings (electricity, internet, cleaning), workspace conduct and noise policies, cleaning rosters, confidentiality obligations between co-occupants, public liability insurance requirements, and termination rights. Compliant with Australian Consumer Law and the common law of contract. Suitable for businesses of all sizes sharing office space, co-working environments, serviced offices, and multi-tenant commercial premises across all Australian states and territories.

A Rent Increase Notice is a formal written notice issued by a landlord to a tenant informing them that the rent for the rental property will be increased, and specifying the new rent amount and the date from which the increase will apply. In Australia, the right of a landlord to increase rent — and the conditions that must be met before an increase can lawfully take effect — is strictly regulated by the residential tenancy legislation in each state and territory. In New South Wales, the Residential Tenancies Act 2010 is the primary legislation governing rent increases. Under section 42 of that Act, a landlord must give the tenant at least 60 days' written notice before a rent increase takes effect. The notice must state the new rent amount and the date from which it is payable. In addition, under reforms that came into effect in 2023, rent for a residential tenancy in NSW may not be increased more than once in any 12-month period. This restriction applies to both fixed-term and periodic tenancies and applies regardless of whether the tenancy agreement purports to allow more frequent increases. In Victoria, the Residential Tenancies Act 1997 (as amended by the Residential Tenancies Amendment Act 2018) similarly requires at least 60 days' written notice for a rent increase. The Victorian legislation also limits rent increases to once per 12 months for periodic tenancies and — since 2021 — for long fixed-term agreements (those exceeding five years). There is no legislated cap on the amount of any increase in most Australian states, but in the Australian Capital Territory, rent increases may be reviewed by the ACT Civil and Administrative Tribunal if they are considered excessive. In Queensland, under the Residential Tenancies and Rooming Accommodation Act 2008 (as amended in 2023), rent may not be increased more than once in any 12-month period for periodic tenancies, and at least 60 days' written notice is required. For fixed-term agreements, rent may only be increased if the agreement expressly provides for an increase and the required notice is given. In Western Australia under the Residential Tenancies Act 1987, the minimum notice period for a rent increase is 60 days for periodic tenancies, with similar restrictions on frequency. In South Australia under the Residential Tenancies Act 1995, at least 60 days' notice is required, and rent may not be increased more than once in any 12-month period under a periodic tenancy. Tasmania, the ACT, and the Northern Territory have analogous provisions under their respective tenancy legislation. A rent increase notice must be in writing and must contain sufficient information to clearly notify the tenant of the new rent amount and the date it will apply. While Australian law generally does not require a landlord to state a reason for the increase, providing an explanation — such as rising council rates, increased insurance premiums, property maintenance costs, or alignment with current market rents — can help maintain a positive landlord-tenant relationship and reduce the likelihood of a dispute. If a tenant believes that a rent increase is excessive, not compliant with applicable legislation, or has been imposed more frequently than permitted by law, they may apply to the relevant state tribunal to have the increase reviewed. In NSW, applications can be made to the NSW Civil and Administrative Tribunal (NCAT); in Victoria to VCAT; and in Queensland to QCAT. The tribunal may set aside or reduce an increase that does not comply with the Act. Using a clear, properly structured rent increase notice template helps landlords comply with their obligations and reduces the risk of a notice being challenged on technical grounds. This template provides a comprehensive framework that can be adapted to the requirements of any Australian state or territory.