Share houses, boarders and lodgers

Boarders, lodgers, and share house residents face particular challenges at the best of times, and even more so now as a result of COVID-19.

 

The eviction moratorium in Boarding Houses

 

During the moratorium period if you live in a registrable boarding house and meet the COVID-19 'impacted tenant' eligibility criteria (that is, if you've lost 25% or more of your income due to the COVID-19 health crisis), then you must be given 6 months notice for an eviction for non payment of fees (occupancy fees or rent or fees for services).

For more on the moratorium period, see COVID-19 Guide: Eviction. For more on the eligibility criteria for 'impacted tenants' see COVID-19 Guide: Am I an 'impacted tenant'?

If the proprietor or operator of the boarding house can demonstrate they tried to discuss reduced fees with you during this time, but you refused to participate in 'good faith' negotiations about reduced fees they are only required to give you 60 days notice.

If you are not an 'impacted tenant' (that is, if you haven't lost 25% income or more during the health crisis) you can face eviction for non payment of arrears with the usual notice period applying.

For most other evictions you will need to be given 90 days written notice, except for evictions involving serious damage to property; illegal use of premises; or violence. 

See also

 

Living in share housing

 

Share houses will be affected in different ways depending on the legal relationships within the premises. Make sure you understand the relationships in your house: See Factsheet 15: Share housing

NSW Fair Trading has some example scenarios concerning share housing here.

See also Key topic area: Share housing.

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