The terms 'boarders' or 'lodgers' are commonly used to refer to people who live in a boarding house, sometimes also called a lodging house.
Boarding house residents don’t have the same control over the premises as a tenant does. Often a boarding house resident only has the right to occupy a room and to share other facilities such as the kitchen and bathroom.
For more information about being a tenant, go to the Renting a home section of the Fair Trading website.
Boarding house proprietors are required to enter into a written contract with you called an ‘occupancy agreement’. This agreement provides you with certainty about your legal rights and responsibilities and also contains notice periods for rent increases and eviction notices. More details about occupancy agreements are provided in the ‘occupancy agreement’ section below.
Since 1 October 2013, residents of registrable boarding houses have a set of rights called 'occupancy principles'. These are listed below.
Before you move in you have a right to:
While you live there you have:
When you move out you have a right to:
An occupancy agreement is a contract between you and the boarding house. Boarding house proprietors are legally required to enter into a written occupancy agreement with you. However, if the proprietor doesn’t do this, your rights are still protected by law and you can enforce them. It is a good idea to ask for a written occupancy agreement, as this will make it easier for you to understand your rights and responsibilities.
A Standard occupancy agreement has been developed for boarding house proprietors and residents to use if they choose. Use of this Agreement is not mandatory and proprietors can develop their own agreement, as long as it is consistent with the Act and the occupancy principles.
From 1 October 2013 the Occupancy Principles automatically became part of all occupancy agreements in registrable boarding houses, whether the Principles are written in the agreement or not. No term in an occupancy agreement can be inconsistent with the Occupancy Principles.
If you have a dispute with the boarding house proprietor or their agent about the occupancy principles which you are not able to resolve, you can make an application to NCAT for a resolution. NCAT can make orders on a range of matters, including, in cases where there is a verbal agreement, an order that the proprietor enter into a written agreement with you.
Your responsibilities will usually be set out in your occupancy agreement and any house rules for the boarding house.
However, it is important to remember that terms in the occupancy agreement cannot be inconsistent with the Occupancy Principles. For example, the occupancy agreement cannot say that the proprietor can enter your room whenever he/she likes.
It is common for boarding houses to have house rules. House rules are additional to the terms of the occupancy agreement.
Most of your responsibilities to other residents will be set out in the house rules, which you agree to follow when you move in. For example, the rules may say that you need to clean up after yourself when you use the kitchen.
The house rules cannot be inconsistent with the Occupancy Principles. For example, the house rules cannot say that you must pay the equivalent of 4 week's occupancy fee for your security deposit because this conflicts with the Occupancy Principles.
If you live in a boarding house that is not ‘registrable’ you will not be covered by the Boarding Houses Act 2012.
However, you do still have rights that apply under the Australian Consumer Law. This means that the accommodation must be reasonably fit for the purpose, and of a quality and level of safety that is reasonable to expect for the price being paid. More details are available from the Consumer guarantees page of the Fair Trading website or by calling 13 32 20.
Also, the boarding house must still comply with other laws about hygiene, overcrowding and fire safety. These laws are enforced by the local council. Visit the Local Government Directory provides contact details for all local councils in NSW.
Even if you live in a non-registrable boarding house, you and the boarding house proprietor can voluntarily enter into an agreement which includes some or all of the Occupancy Principles listed in the Act.
Assisted boarding houses are premises which are licensed by Ageing Disability and Home Care (ADHC) to provide accommodation to two or more residents with additional needs. It is possible that not all residents in assisted boarding houses have additional needs.
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