Subletting vs assignment — what's the difference?
These two terms are often confused but they have different legal consequences:
Most short-term arrangements — moving in a flatmate, listing on Airbnb for a few weeks — are subletting. Assignment is used when you want to leave before the end of a fixed-term lease and someone else takes over.
- •Subletting: You remain the tenant on the original lease and rent the property (or part of it) to a subtenant. You are still responsible to the landlord for rent and any damage.
- •Assignment: You transfer the entire lease to another person who becomes the new tenant. You exit the tenancy completely.
Do you need permission?
Yes. In all Australian states, subletting or assigning your tenancy without the landlord's written consent is a breach of your tenancy agreement. The landlord can apply to the tribunal to terminate your tenancy for an unauthorised sublet.
Can the landlord refuse?
A landlord cannot unreasonably refuse consent to sublet or assign. What counts as 'unreasonable' varies, but generally, a refusal is unreasonable if the proposed subtenant or assignee is suitable (can pay rent, has good references). The landlord may impose conditions — such as requiring a new lease to be signed — which is reasonable.
Short-term rental platforms (Airbnb, Stayz)
Listing a rental property on Airbnb or a similar platform without the landlord's written consent is subletting. Most tenancy agreements explicitly prohibit this. If discovered, you could face eviction. A small number of landlords have written Airbnb permission into leases — but this must be explicit.
Some landlords' insurance and body corporate rules prohibit short-term subletting entirely. Even if your landlord consents, you may be in breach of building-level rules. Check both before listing.
Your liability as head-tenant
If you sublet, you remain legally responsible for everything the subtenant does — including rent, damage, and lease compliance. If the subtenant doesn't pay their share of rent, you still owe the landlord the full rent. You have a separate set of rights and obligations with the subtenant, but these don't affect your obligations to the landlord.
Assignment — getting out of a fixed-term lease
If you want to leave a fixed-term lease early, assignment is one option to avoid break-lease costs. Find a replacement tenant who meets the landlord's criteria. The landlord cannot unreasonably refuse, but they can require the new tenant to sign a fresh lease rather than simply stepping into your shoes. Compare this against the costs of simply breaking the lease.
This guide provides general information based on current Australian tenancy legislation. It is not legal advice. Always verify with the relevant state tenancy authority or a qualified professional for your specific situation. Last verified: January 2026.