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.
The address of the main property should be listed on the tenancy agreement. The agreement should also clearly outline what building (or part of the building) is being rented. The owner and tenant/resident may choose to include special terms to the tenancy agreement to set out the parties' agreement on matters such as mail management, how to access the secondary dwelling, car parking spaces, and gardening.
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 or rooming accommodation:
- If the secondary dwelling is let out as a self-contained unit and the tenant/resident has no access to the main house, the arrangement falls under a general tenancy agreement.
- If the tenant/resident shares the kitchen or other facilities with other occupants of the house, the tenancy may fall under a rooming accommodation agreement.
Examples of a secondary dwelling falling under a rooming accommodation agreement could be: