In WA, "housemate" is not a legal category. Legally you are one of four things: a co-tenant, a sub-tenant, a tenant with your own agreement in a rooming arrangement, or a boarder or lodger. The first three are covered by the Residential Tenancies Act 1987. Boarders and lodgers are not. A "rooming house" or lodging house is a different question again: it is about the building, which has to be registered with the local council once more than six people pay to live there.
Which one you are decides who holds your bond, how much notice you get and where you go if there is a dispute. This guide explains each term using Consumer Protection WA, community legal centre Circle Green and the legislation itself, all checked in October 2026. It is general information, not legal advice.
What are the legal categories in a WA share house?
| What you are | Who your agreement is with | Covered by the Residential Tenancies Act? |
|---|---|---|
| Co-tenant | The landlord, on one shared agreement with the others | Yes |
| Sub-tenant | The head tenant, who rents from the landlord | Yes |
| Tenant in a rooming arrangement | The landlord, on your own separate agreement | Yes |
| Boarder or lodger | The person whose home it is, or who runs it | No |
Circle Green puts it in one line: co-tenants and sub-tenants are protected by the Residential Tenancies Act, boarders and lodgers are not. Its advice when you move in is to ask who is listed on the tenancy agreement.
Sharing a rental home (Consumer Protection WA)consumerprotection.wa.gov.au
What is a co-tenant?
A co-tenant has their name on the tenancy agreement alongside the other tenants. Consumer Protection WA says all co-tenants are equally responsible for paying rent, paying bills, maintenance and damage to the home.
The catch is joint liability. Circle Green explains that each tenant is presumed to be jointly liable unless the agreement says otherwise, so the landlord can act against any or all of the co-tenants for a breach, even if only one person caused it. If one housemate stops paying, the others can be asked to cover it.
When a co-tenant moves out, their name needs to come off the agreement. Until it does, they can still be held responsible for what happens after they have gone.
What is a sub-tenant, and what is a head tenant?
A head tenant is on the agreement with the landlord and rents part of the home to someone else. That someone is the sub-tenant. The sub-tenant's agreement is with the head tenant, not with the owner.
Consumer Protection WA sets out what the head tenant has to do:
- Get permission from the lessor or agent to sub-let.
- Give the sub-tenant a written rental agreement and a property condition report.
- If the sub-tenant pays a bond, lodge it with Bonds Administration, listing the sub-tenant as the tenant and themselves as the landlord.
Circle Green adds that a sub-tenant has the same rights and responsibilities as a tenant under the Act, and is not jointly liable for what the head tenant does. One limit to know about: Consumer Protection says that if the head tenant's own tenancy ends, the sub-tenant's agreement ends with it.
What is a rooming arrangement?
This is the term Consumer Protection WA uses when each person in the house signs a separate agreement with the landlord. You pay your own bond, you owe only your own share of the rent and bills, and you are responsible for damage you cause yourself, not for the whole house.
For a FIFO worker renting one room from an owner who lets the house room by room, this is often the cleanest set-up: you are a tenant, and you are not tied to housemates you have never met.
What is a boarder or a lodger?
Circle Green defines a lodger as someone who pays for accommodation and occupies a room within another person's home. A boarder also lives in another person's home, and is supplied with food or other services as well. In practice the two words are used interchangeably, and the difference matters less than it once did.
What matters is that neither is covered by the Residential Tenancies Act. Consumer Protection WA says boarders and lodgers still have rights and protections under common law and the Australian Consumer Law: the place must be safe, clean and fit for purpose, your room and belongings should be secure, and you should be able to use your room and the facilities without too much disturbance.
The differences from a tenancy are real, though.
- Bond. The landlord does not have to lodge your bond with the Bond Administrator.
- Ending the agreement. Consumer Protection says the landlord can end the agreement at any time and without giving a reason, unless your agreement says otherwise, and that you should be given reasonable notice. Circle Green's guide to "reasonable" is how often you pay rent: a week if you pay weekly, two weeks if you pay fortnightly.
- Disputes. Circle Green says a boarding agreement is usually enforced in the Magistrates Court as a minor case, not in the residential tenancy stream.
Boarders' and lodgers' rights (Consumer Protection WA)consumerprotection.wa.gov.au
How do you know if you are a boarder or a tenant?
You look at how you actually live, not only at what the paper says. Circle Green lists the factors that may point to a boarder or lodger:
- Your landlord lives in the home with you. The landlord is the person you pay rent to, who does not have to be the owner.
- Your landlord can enter your room or the common areas as they please.
- Your landlord provides services such as meals, linen or cleaning.
- There are house rules that control what you can do in the home.
- The property is a hostel where people rent a room and share common facilities.
Two warnings from the same fact sheet. An agreement that calls you a boarder or lodger does not necessarily make you one. And only a court can decide. If the answer matters, because of a bond dispute or an eviction, get advice before you act.
Boarders and Lodgers fact sheet (Circle Green)circlegreen.org.au
What is a rooming house or lodging house in WA?
People use "rooming house" and "boarding house" loosely for any place where rooms are rented one by one. WA law has its own term, lodging house, and it sits in public health law, not tenancy law.
The Health (Miscellaneous Provisions) Act 1911 defines a lodging house as a building in which provision is made for lodging or boarding more than six persons, not counting the family of the keeper, for hire or reward. Circle Green summarises the consequence: a house with more than six people paying for accommodation, who are not the owner's family, is required to be registered with the local council as a lodging house. The council can inspect it and can make local laws about lodging houses.
The WA Department of Health's discussion paper on lodging houses (January 2020) gives examples of what can fall under the definition, including a backpackers' hostel and a house where rooms are rented to six or more unrelated people.
So "is this a lodging house?" and "am I a tenant or a lodger?" are two separate questions, answered by two different laws. The first is about the building and how many people pay to stay in it. The second is about your own agreement. If you are worried about health or safety in a large shared house, Circle Green's advice is to contact the local council.
What does the difference change in practice?
| Question | Tenant, co-tenant or sub-tenant | Boarder or lodger |
|---|---|---|
| Which rules apply? | Residential Tenancies Act 1987 | Your agreement, common law and the Australian Consumer Law |
| How much bond? | Up to four weeks' rent, unless the rent is over $1,200 a week | Whatever you agree |
| Where does the bond go? | Lodged with Bonds Administration within 14 days | Held by the landlord |
| Notice to leave | The notice periods in the Act | Your agreement, or reasonable notice |
| Disputes | Residential tenancy stream of the Magistrates Court | Usually a minor case in the Magistrates Court |
| Pets and small changes to the room | With permission, under the reforms that started on 29 July 2024 | Not covered by those reforms |
The 2024 reforms also limited rent increases for tenants to once every 12 months. They were made to the Residential Tenancies Act, so they are part of what a boarder or lodger does not get automatically.
Rental bonds (Consumer Protection WA)consumerprotection.wa.gov.au
What should you ask before you move in?
- Who is on the tenancy agreement with the owner?
- Will my name be on it, or is my agreement with you?
- Does the landlord know I am moving in? Consumer Protection says tenants must tell their landlord who lives with them and when people move in or out.
- Does the person I pay rent to live here?
- Is the money I pay upfront a bond, and will it be lodged with Bonds Administration?
- How much notice do we each give, and is that written down?
Whatever the answers, get the agreement in writing. Consumer Protection's advice to boarders and lodgers is to always keep a copy of the signed written agreement, and Circle Green notes that a text or email describing the amount you paid as a "bond" is the kind of evidence a court will look for. Being asked to pay before you have seen the room is a different problem: see rental scams in Perth.
If you are the one renting out the room, the same questions apply from the other side. They are part of how to find a housemate in Perth, and the day-to-day rules are in share house rules that actually work. If you are still searching for the room, finding flatmates in Perth covers it from first message to inspection, and moving to Perth for FIFO work puts the bond and rent rules in order with the rest of a move.
On Kipmates, the room-share marketplace launching in Perth, the first conversation with a host happens in on-platform messaging. That is a good place to ask these questions and to have the answers in writing before you look at rooms in person.
For your own situation, call Consumer Protection on 1300 30 40 54 or find a tenant advocate through Circle Green.
FAQ
What is a rooming house in WA?
WA law does not use "rooming house" as its main term. Consumer Protection WA describes a rooming arrangement as one where each tenant signs a separate agreement with the landlord. The registered category is the lodging house: under the Health (Miscellaneous Provisions) Act 1911, a building where more than six people, not counting the keeper's family, pay for lodging or boarding.
Are boarders and lodgers covered by the Residential Tenancies Act in WA?
No. Consumer Protection WA and Circle Green both say the Residential Tenancies Act does not apply to boarders and lodgers. They have rights under common law and the Australian Consumer Law, and under their own agreement.
What is the difference between a boarder and a lodger?
A lodger pays for a room in another person's home. A boarder does the same and is also supplied with food or other services. Circle Green notes the two terms are often used in place of each other, and that the difference is not as important as it may have been in the past.
Does a boarder's bond have to be lodged in WA?
No. Circle Green says a boarder's or lodger's landlord does not need to lodge the bond with the Bond Administrator. For tenants and sub-tenants, the bond must be lodged with Bonds Administration within 14 days of being paid.
Can a head tenant sub-let a room without asking the landlord?
Consumer Protection WA says the head tenant must have permission from the lessor or agent to sub-let, either in the tenancy agreement or as separate written consent.
How many people can live in a house before it is a lodging house?
The definition in the Health (Miscellaneous Provisions) Act 1911 applies when provision is made for more than six persons to lodge or board for hire or reward, not counting the keeper's family. Above that, registration with the local government is required.
Sources
Checked October 2026.
- Sharing a rental home, Consumer Protection WA.
- From the Commissioner: boarders' and lodgers' rights explained (17 September 2025), Consumer Protection WA.
- Shared Tenancies fact sheet and Boarders and Lodgers fact sheet, Circle Green Community Legal.
- Rental bonds, Consumer Protection WA.
- New rental reforms move in this month (10 July 2024), Consumer Protection WA.
- Residential Tenancies Act 1987, Western Australian Legislation.
- Health (Miscellaneous Provisions) Act 1911, Western Australian Legislation.
- Managing lodging house health risks in Western Australia: discussion paper (January 2020), WA Department of Health.
