This factsheet explains what rights boarders and lodgers have under NSW law.

Who are boarders and lodgers?

Boarders and lodgers live in premises where the landlord (or a caretaker living on the premises) keeps control of the premises. The landlord may be the owner or a tenant who has a residential tenancy agreement in their name only (a head-tenant).

Boarders usually receive meals as part of their agreement. Lodgers do not.

The Residential Tenancies Act 1987 does not cover boarders and lodgers, and so they do not have the same rights as tenants. You are likely to be a tenant covered by this Act, rather than a boarder or lodger, if you:

• have exclusive access (no-one else uses your room and you can lock it)
• do not get meals, linen, or cleaning as part of your agreement
• have your own cooking facilities
• do not have house rules enforced.

Disputes

If your landlord is a business, you may be able to apply under the Consumer Claims Act to the General Division of the Consumer, Trader and Tenancy Tribunal (CTTT) to have your dispute heard. Contact your local Tenants Advice and Advocacy Service (TAAS) for advice about this.

If your landlord is not a business, only the courts can deal with your dispute. In most cases, you would have to apply to the Local Court.

The CTTT can only decide if you are a tenant or boarder/lodger if make an application about a dispute and claim rights as a tenant. The tribunal must determine whether it has jurisdiction to hear the application – if you are a boarder/lodger the tribunal does not have jurisdiction.

Landlords or caretakers are sometimes happy to settle a matter in conciliation without having a full hearing as to your legal status.

Bond

The landlord can lodge your bond money with the Office of Fair Trading Renting Services but they are not required to by law. You should encourage them to do this.

If there is a dispute about your bond when you leave and your bond has been lodged at Renting Services, the Tenancy Division of the CTTT cannot handle the dispute. However, you may be able to make a claim through the General Division of the CTTT or the Local Court.

Paying rent

Ask for receipts when you pay rent. If the landlord will not give you reciepts, keep a record such as a diary of cash payments. Or, pay by bank cheque, personal cheque, or money order and keep the stubs in a book.

Eviction

If you pay rent weekly, the landlord should give you at least seven days notice to leave – each time you pay rent you are making a contract with the landlord for that week.

If your landlord evicts you, or threatens to, you can apply to the CTTT (see Disputes above). If the tribunal decides that you are a tenant (covered by the Residencial Tenancies Act) it can make orders to let you return to the premises or for compensation, and the landlord can be fined for illegal eviction (up to $22,000).

If you are being evicted because the landlord wants to change the use of the premises (e.g. from a boarding house to a backpacker hostel), you should also contact the planning section of your local council to see if the landlord has permission. If they do not, ask the council to investigate. The council can also refuse permission if the change of use will mean less low-cost housing in the area.

If you are being evicted, contact your local TAAS.

Repairs and maintenance

You may want to contact your local council for help in getting repairs done. Some local councils have rules about the minimum size of rooms, fire regulations and 'registration' of boarding houses. If you live in a boarding house that does not meet the council's requirements, the council may order the landlord to do certain repairs. (Some landlords would close the premises rather than do the repairs however.)

If premises are unsafe, the landlord could be held responsible under the law of 'negligence' for any personal injuries caused by them not maintaining the premises. You could write to the landlord/caretaker and tell them that you are concerned for your safety or the safety of other residents or guests. Keep a copy of this letter, and get further advice from a community legal centre if you are injured at the premises.

You want to leave

You only need to give 'reasonable notice' (probably the same as the notice the landlord has to give you). Put your notice in writing and keep a copy. Make sure you take all your possessions with you when you leave – if you do not, it may be hard to get them back.

Updated: June 2008

Further help

Tenants NSW website: www.tenants.org.au
Tenants Hotline: 02 8117 3750 or 1800 251 101
Tenants Advice and Advocacy Services: see the Tenants NSW website or call the Tenants Hotline to find your local general or Aboriginal service Renting Services (NSW Office of Fair Trading): 133 220

Other factsheets

This is one of a series of factsheets on tenancy issues. Other factsheets are available from www.tenants.org.au/publish/factsheets/ or your local Tenants Advice and Advocacy Service.