Occupancy legislation for boarders, lodgers and other renters not covered by residential tenancies legislation

Some renters, such as boarders and lodgers, are not covered by NSW residential tenancies legislation. As a result, these renters are without effective legal rights. They face:

• termination and eviction with little or no notice
• rent increases with little or no notice
• no means of getting repairs done
• no means of resolving disputes.

Some of these renters are amongst the most vulnerable people in our community.

The Tenants' Union believes that all renters who are not otherwise covered by residential tenancies legislation should be covered by legislation for ‘occupancy agreements' that would reflect some basic occupancy principles.

These principles would include reasonable notice of rent increases and terminations, and allowing the Consumer, Trader and Tenancy Tribunal to resolve disputes.

The law should also allow for the creation of different standard terms in occupancy agreements, to specifically suit different types of accommodation. For example, there might be a set of standard terms specifically for boarding houses, a different set of standard terms for emergency accommodation, and a different set again for student accommodation. These standard terms would be developed in consultation with the different sorts of accommodation providers and renters.    

The Australian Capital Territory has passed laws for occupancy agreements, which have won the support of renters and accommodation providers alike. New South Wales should pass its own occupancy legislation so that all renters have access to justice.