Perth Landlord Guidance on Sublets & Assignments (A2 Applications)

Perth landlord guidance for sublets and assignments

Perth landlords can face A2 issues when a rental arrangement changes quietly over time. A tenant may leave for family, work, school, or a new living arrangement while another person begins occupying the unit. A landlord may first notice the issue through different rent payments, a repair visit, changed communication, or a statement from someone at the property. When the person in possession no longer lines up with the lease, Sublets & Assignments (A2 Applications) may need careful review.

The main question is not whether the landlord is uncomfortable with the new person. The question is whether the facts fit an A2 application. Did the tenant sublet the unit? Did the tenant assign or try to assign the tenancy? Did someone remain after a subtenancy ended? Was the landlord’s consent requested, refused, or never obtained? Those answers affect the evidence, the timing, the compensation claim, and the order the landlord should seek.

Why informal arrangements can create problems

In Perth, rental relationships may be handled with a practical, conversational tone. A tenant may say someone is staying for a short time, helping with expenses, or taking care of the place. The landlord may not want to escalate immediately. That patience can be reasonable, but it can create a weaker record if the arrangement becomes permanent or if the tenant later says the landlord approved it.

The file should preserve what was actually said. If the tenant described the stay as temporary, keep that message. If the landlord asked for details and never received them, keep that request. If the landlord objected once the facts became clear, keep the objection. A clear record protects the difference between allowing a short practical accommodation and approving a transfer of possession.

Sorting the legal category

A guest, roommate, subtenant, assignee, and unauthorized occupant can look similar at first. The Board will need facts, not labels. A tenant may call a person a roommate even if the tenant has moved out. A new occupant may say they are a tenant because they paid money to the named tenant. A landlord may assume assignment when the facts show a different issue. The legal category should be sorted before filing.

Practical questions help. Who is sleeping at the unit? Who controls keys? Who pays rent? Who receives notices? Who answers repair requests? Does the named tenant still intend to return? Did the landlord receive a request to consent? When did the landlord learn the full facts? Those answers help determine whether the A2 route is strong enough or whether another Core LTB Applications path should be considered.

Building the evidence

Useful evidence may include the lease, rent ledger, emails, texts, consent requests, access notices, inspection notes, repair messages, and direct communications with the occupant. If information came from a neighbour, contractor, or property manager, the landlord should record the date and details, then look for direct proof where possible. The goal is not to overwhelm the file. The goal is to prove the specific facts the application depends on.

Perth landlords should also keep the property’s layout in mind. A house, apartment, secondary suite, or small multi-unit building may produce different evidence. Parking, mail, utility use, access arrangements, and repair communication can all help show who controls the unit. The file should connect those details to the legal issue rather than leaving them as scattered observations.

It is also useful to separate direct evidence from background information. A neighbour’s report may explain why the landlord became concerned. A contractor’s note may show who was present during a repair. But a tenant’s own message, a payment record, or a written request to transfer the unit may carry more weight. A well-prepared file uses background details to support the chronology, then relies on direct records to prove the key points.

Perth landlords should be careful about old text threads and partial screenshots. If the tenant asked to sublet or assign in a longer conversation, the full context should be preserved. A short excerpt can be attacked as incomplete. The landlord should be ready to show what was requested, what was missing, what the landlord said, and whether any approval was actually given. That communication record often becomes the centre of the dispute.

Compensation and current status

If compensation is claimed, the landlord should prepare a precise calculation. The monthly rent, daily rate, start date, end date if known, credits, payments received, and total should be easy to follow. If the person was a subtenant who remained after a lawful subtenancy ended, the landlord should prove the subtenancy and end date. If the person was never authorized, the landlord should prove when the occupancy became unauthorized and how the landlord responded.

The calculation should be checked against the ledger before it is relied on. If payments were made by the named tenant, the occupant, or a third party, each payment should be credited or explained. If the landlord accepted payment while still objecting to the occupancy, that should be documented. A tenant or occupant may argue that payment acceptance proves consent, so the landlord’s explanation should be ready before the hearing.

The current status should also be reviewed. If the occupant left, the file may focus on compensation. If the occupant remains, possession and service details matter. If the named tenant returns, the strategy may need to change. The application should match what is happening now, not only what the landlord first suspected.

How we help Perth landlords

We help by reviewing the lease, communications, rent records, consent history, occupancy evidence, and timeline. From there, we assess whether an A2 application is appropriate, what evidence should be strengthened, and whether another route should be considered. If the file is already underway, we help organize the record for the next procedural step.

For hearing matters, the landlord should be ready to explain the occupancy change in a simple sequence. Who was the tenant? Who is in the unit now? What permission was requested or given? What did the landlord do after learning the facts? What order is needed? If the matter requires broader LTB hearing preparation, the A2 record should be tied into that hearing plan. A Perth landlord with an organized file is in a stronger position than one trying to explain the entire history from memory.

The final review should also ask whether the current facts still support the application. If the occupant has left, if the tenant has returned, or if the payment situation changed, the remedy may need to be adjusted. The best A2 file is current, focused, and tied to the actual order the landlord needs from the Board.

That review also helps identify avoidable weaknesses before the tenant points them out. If one message sounds like approval, if a payment was accepted without explanation, or if the timeline skips an important date, those issues should be addressed directly. A Perth landlord does not need a perfect history, but the file should be honest, organized, and ready to answer the obvious questions.

The same preparation helps with settlement discussions if the matter can be resolved before a full hearing. When the landlord knows the evidence, the dates, and the compensation calculation, any practical resolution is easier to evaluate. Without that structure, the landlord may accept too little, ask for too much, or agree to terms that do not actually solve the occupancy problem.

That clarity is what keeps the landlord’s next step grounded.