How to Change a Lease Holder in NSW

Changing a Lease Holder: What Tenants Need to Know

If your circumstances have changed and you need someone else to take over your lease, it's important to understand how a lease holder change works — and what's involved in the process. A change of lease holder is different from simply changing an occupant. As the current leaseholder, you remain legally responsible for the terms and duration of your lease until a formal lease transfer is approved.

For information about ending your lease entirely, please refer to our Break Lease article. [Break Lease Article].

To begin the process of taking over a lease or transferring your lease to someone else, submit a written request to our office. We will present this request to the landlord on your behalf.

To support the application, the new leaseholder must submit an email application. This should be treated as a brand-new tenancy application, similar to the one submitted when the lease was first signed. The email application must include:

• Background information and reasons for wanting to take over the lease
• Current employment or study details
• Any previous tenant ledgers
• A copy of their photo ID
• A recent bank statement

If the landlord accepts the change of head lease, no break lease fee penalties will apply. However, our team may need to undertake additional administrative services on your behalf as part of processing the lease transfer document. Please check with your property manager for a quote on the cost of these services.

Please note that the landlord is under no obligation to approve a change of leaseholder. We will, however, do our best to present your request in a favourable light. Every lease transfer is different, and the outcome is never guaranteed — which is why a break lease is often the more straightforward path. If you'd like to explore a lease transfer further, your property manager will be happy to arrange a consultation with you.

Once the new lease is signed with the incoming leaseholder, your legal obligation to the property ceases immediately. At this point, you are required to transfer all keys and access cards to the new tenant. The following obligations also apply before your tenancy is formally closed:

• Rent up to the transfer date: You are responsible for paying rent up to and including the date the lease transfer takes effect. Any outstanding rental payments must be cleared before the transfer is finalised.
• Property condition and damages: You remain responsible for any damages or compensation owed to the landlord for issues identified at the property. These costs must be settled as part of the handover process.
• Outgoing inspection: You will be required to go through a standard outgoing inspection, unless the new leaseholder agrees to use your original ingoing condition report as the baseline for their tenancy. For more information on condition reports, please refer to our Ingoing Condition Report article in the knowledge base.
• Bond refund: The new leaseholder is required to pay a four-week bond before their tenancy begins. Once all of the above obligations have been met — including rent payments, damages, and the outgoing inspection — your bond will be returned to you.