A member asked over 8 years ago

I rent from my brother, who lives in public housing and doesnt live there.

I have been living there for over 12mths, and pay my brother fortnightly rent. i work and i have asked him to put me on the housing list for some time but he keeps putting it off. He doesnt live there he lives with his girlfriend. Rent comes out of his bank and i repay it back plus more. My issue is that he states that if i go on the tenancy with him i still have to pay my rent to him for letting me live there as well as full rent to housing .If i dont do this i have nowhere to live. I now this isnt right, but what and i to do. Also my daughter stay for holidays, and he also charged them rent. I  pays all the bills electricity, gas etc. He is only a tenant.

Law Advisor Research Team
Researchers at LawAdvisor

Hi there. You sounds like you are in a difficult position, however what your brother is doing is not in accordance with his lease and he should not be doing it.

When your brother received a house from Housing NSW he agreed to rent the house on certain terms. The terms of the rental agreement with Housing NSW are in accordance with the rights and obligations set out in the Residential Tenancies Act 2010 (NSW), which is law which applies to all renters in New South Wales. If he can be shown to have breached those terms, he may not be able to keep the house, and may be evicted.

Under your brother’s agreement with Housing NSW he is not allowed to allow another person to move into his house without notifying Housing NSW. In addition, your brother must live in the house himself. Housing NSW does not allow a person who rents the property in their name to move out and let it to someone else live there instead.

Under the terms of the tenancy agreements which Housing NSW has with tenants, a tenant must advise Housing NSW within 28 days of any change of household membership or their own personal circumstances. This means your brother is required to tell Housing NSW that you have moved in. Because he has not done this, if Housing NSW knew of your arrangement it is likely that your brother will be found to be in breach of the terms of the lease, and may be in danger of being evicted by Housing NSW. As such, the arrangement between you and your brother is not a legal one. He may not sublet to you and live somewhere else and he may not charge you double rent.

Suggested way forward

As such, it is in your interests to apply yourself for a house through Housing NSW and try and get a house for yourself in your own name. You can do this by calling 1300 HOUSING (1300 468 746) or visiting the Housing NSW website at www.housing.nsw.gov.au.

Answered over 8 years ago   Legal disclaimer


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