# Need an advice regarding a joint lease for my partner’s friend while 820 is still in



## michirumaeda (Nov 18, 2019)

*Need an advice regarding a joint lease for my partner's friend while 820 is still in*

Hello people, I have been lurking this forum for advice and suggestions. The advice here are gold. At that time I didn't think I would need to register and ask questions

I applied for 820 visa last November and have received an acknowledgment letter a year later that my application is in process. But that's not what I'm here for

My partner is asked for a favour by his long time friend to help her with her lease. They know each other for 25+ years. She's a single mom, unemployed and been rejected from 30 leasing applications she applied to. She thinks if someone is on joint lease with her, she would have a better chance of getting a new house. She is in desperate situation. Recently just got her 4th eviction notice

Her plan was to get joint lease with my partner and get him out of the lease in 3 months. He will be "moving in" with her on paper for those 3 months but physically he's still living with me. We, as partners, will be doing our days as usual

We are keen to help her but wanted to do more research into this matter and what implications it would have

I turned to my immigration agent for advice, they say it's a bad idea. Although we won't be telling immigration, the department has many ways to check. It's better to keep things clean and simple. She was furious that we can't help her. She claimed that no way the department has any access to my partner's rental history and my agent is telling lies. She has severed contact with us now

So what do you think?


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## JandE (Jul 17, 2015)

michirumaeda said:


> So what do you think?


That friend is not a 'real' friend.

She probably has no idea what information is available to Immigration.

She seems not to care about your situation and the risk to your application. Just for what she wants, at no matter what cost to anyone else. And that is the base of my answer.

_You say she is unemployed, no doubt getting Centrelink benefits and rent assistance. Immigration and Centrelink share a lot of info. Your partners name would be on the lease, and Centrelink would have that. Data sharing could throw up that name on an immigration application. Questions might then be asked, or just assumptions made._


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## michirumaeda (Nov 18, 2019)

Thanks for the reply. I can rest assured now that I have done the right thing. She sent me spiteful message this morning and the message just shows like you said, she doesn't care


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## JandE (Jul 17, 2015)

michirumaeda said:


> Thanks for the reply. I can rest assured now that I have done the right thing. She sent me spiteful message this morning and the message just shows like you said, she doesn't care


You also mention that she: "_Recently just got her 4th eviction notice_".

Your partner being on the lease would solve that issue for her in future, as your partner would be responsible for paying the rent, and could be sued for that, assuming you have more funds available than she does.



> _If a tenant in a co-tenancy is vacating without being replaced by another tenant, they must negotiate with the remaining tenant/s and landlord to have their name removed from the lease.
> 
> If they do not, or the request is refused, they will remain a named co-tenant and be jointly responsible for any damage or repairs, even if they no longer live at the property._
> 
> If I was the landlord, I would refuse to remove your partner from the lease, until the premises were vacated.


I had a "_friend_' like that once, also known for a long time.


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## michirumaeda (Nov 18, 2019)

Where did read you about the co-tenancy you quoted? I would like to read more into it

That's unfortunate you had a friend like that


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## JandE (Jul 17, 2015)

michirumaeda said:


> Where did read you about the co-tenancy you quoted? I would like to read more into it
> 
> That's unfortunate you had a friend like that


This is for QLD:
_Your co-tenant cannot end their part of or the whole tenancy agreement by simply sending a Notice of Intention to Leave to the agent or lessor. 
https://tenantsqld.org.au/wp-content/uploads/2016/08/Termination-of-Co-tenancies-2016.pdf_

There is something similar at: https://flatmates.com.au/info/vic-ending-tenancy.

Rules may vary in different states, but basically when you sign a lease, it is normally for a fixed term, and the landlord can hold you to that term, and for any repairs etc., after vacating.

As an ex-landlord, I would consider the tenant with money as the Head Tenant, and would wish the full term to be covered by that person. Hence not permitting the end of the lease, in that name, until the term is up, or everyone has vacated and paid in full.

The "friend" could of course force your partner to keep paying, or report their "relationship" _provable by rental agreement_, to Immigration..

Not worth the risk.


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## michirumaeda (Nov 18, 2019)

She is one of the witnesses that wrote statutory declaration for us. With how the situation unfolded, she is in the mood for revenge. My agent said nothing to worry about, but I'd like to hear second opinions. Does DHA usually call the witnesses for further investigation into the relationship?


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