Property owners can choose to rent out secondary dwellings, such as granny flats, to non-household members.
The property owner must obtain all relevant approvals before renting the secondary dwelling, including development/building and council approvals. Owners must also ensure the rental complies with smoke alarm requirements and all other health and safety regulations.
Types of tenancy agreements for secondary dwellings
Depending on the set up of the property, a secondary dwelling may be rented out as either a:
- general tenancy agreement, if the secondary dwelling is let out as a self-contained unit and the tenant/resident has no access to the main house
- rooming accommodation agreement, if the tenant/resident shares the kitchen or other facilities with other occupants of the house.
Examples of a secondary dwelling falling under a rooming accommodation agreement could be:
Scenario 1
A rental where a granny flat contains more than one bedroom and each bedroom has been let out separately, with the residents sharing the facilities contained within the flat.
Scenario 2
A rental where the granny flat does not have a kitchen and the occupier is permitted to access the main house to use the kitchen or other facilities.
The agreement must include:
- the address of the main property
- what building (or part of the building) is being rented
- how utilities (including gas and electricity) and water must be paid
- any special terms (see below).
Special terms
The agreement should also include any special terms outlining arrangements for:
- access to the dwelling
- parking spaces
- mail management
- access to and use of clotheslines and rubbish bins
- internet charges
- pool and garden maintenance.