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.

Legal status

Boarders and lodgers have few rights under NSW laws. They are not covered by the Residential Tenancies Act 1987 – the Act that sets out tenants' rights. However, 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.

The Consumer, Trader and Tenancy Tribunal (CTTT) can decide whether you are a tenant or a boarder/lodger:

• if you claim rights as a tenant at the CTTT in a dispute with your landlord, or
• if your landlord evicts you (or threatens to) and you challenge this in the CTTT.

If the CTTT decides it has jurisdiction to handle the matter then you are a tenant. If not, you are a boarder/lodger.

(Also see Factsheet 11: Consumer, Trader and Tenancy Tribunal.)

Disputes

If your landlord is a business, you may be able to apply under the Consumer Claims Act 1998 to the General Division of the 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.

Your landlord or caretaker may be happy to settle a dispute in conciliation at the CTTT without a full hearing to decide 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. 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, you may be able to make a claim through the General Division of the CTTT or the Local Court. The Tenancy Division of the CTTT cannot handle this type of dispute.

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 7 days notice to leave. This is because each time you pay rent you are making a contract with the landlord for that week.

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 can contact the planning section of the 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. (However, some landlords would close the premises rather than do the repairs.)

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.

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 landlord has to give you). Put your notice in writing and keep a copy. Make sure you take all your belongings with you – if not, it may be hard to get them back.

Contacts

• Community legal centres: phone 02 9212 7333 or see www.nswclc.org.au/clcs.html for your local centre
• Local courts: phone 02 9287 7888 or see www.lawlink.nsw.gov.au/lc

Updated: June 2009

Further help

• Your local Tenants Advice and Advocacy Service: www.tenants.org.au/publish/contact-us
• Other factsheets: www.tenants.org.au/publish/factsheets
• NSW Fair Trading Information Centre: 133 220

The information in this factsheet:
• is intended as guide to the law and should not be used as a substitute for legal advice
• applies to people who live in, or are affected by, the law as it applies in New South Wales, Australia.
© Tenants' Union of NSW.