Boarding houses offer residents exclusive access to a bedroom that locks and shared access to a bathroom, kitchen facilities and common areas. Boarding houses can be attractive to students for many reasons ­– they are more affordable than traditional residential tenancies, allow for shorter stays and shorter notice periods when leaving, and boarding house owners generally require less information from a resident when starting their occupancy. However, occupants have fewer protections under the law than tenants.

Sydney has several ‘new age’ or ‘new generation’ boarding houses. These properties often look and feel like apartment buildings, but have common kitchens, bathrooms, laundries and living spaces.

You should always thoroughly check the type of agreement you are being offered, and if you are unsure or new to Australia, ask a SUPRA caseworker to review your rental contract for you.

Q. Am I a boarder/lodger or tenant?

A. If you pay rent for the right to occupy a residential premises, you are a boarder or a lodger. This means you live in a property that has 5 or more beds provided (not counting the owner or manager or their family, if they live there too), have exclusive access to your own room, share common facilities and have house rules.

Q. What are my rights as a boarder/lodger?

A. You are covered under the Boarding Houses Act 2012. To understand more about the Act, you can visit the Tenants’ Union website.

Q. What about house rules?

A. You are entitled to know the house rules before moving in. They should be included in your occupancy agreement. You cannot be charged a financial penalty for breaking a house rule. However, you may be issued a termination notice or immediately evicted if you commit a serious breach.

Q. How much should I pay for utilities?

A. Your occupancy agreement must have a clause explaining what utilities you must pay for and how the charges will be calculated. The charge must be based on the actual cost of providing the utility and a ‘reasonable’ measure of your share must be used to calculate that charge. The proprietor must give you a written receipt for all utility fees paid.

Q. How much should I pay for a security deposit?

A. You may be required to pay a security deposit of no more than two weeks occupancy fee. The proprietor must give you a written receipt. They cannot ask for a security deposit before they have entered into an agreement with you.

Q. How do I pay rent?

A. You will pay your rent fortnightly or weekly directly into an account that is listed on your occupancy agreement. If you pay cash, you must be given a rent receipt from the proprietor.

Q. What about rent increases?

A. The proprietor must give you at least 4 weeks written notice to increase your occupancy fee. 

Q. How do I end my agreement early?

A. Your occupancy agreement should have a clause with the amount of notice you are required to give. If it doesn’t, you must give reasonable notice which is usually considered to be a notice period equivalent to your occupancy fee (for example if you pay weekly, then one week, or two weeks if you pay fortnightly). If your occupancy agreement requires you to pay out the remainder of your contract or has other excessive clauses for ending your agreement early, you should speak to a caseworker at SUPRA for advice and assistance ­– contact us.

Q. The boarding house proprietor wants me to leave but I don’t want to. What should I do?

A. Your agreement should list the possible reasons for eviction and the proprietor must give you ‘reasonable’ notice in writing. If your eviction notice does not meet these criteria, you can apply to NCAT for an order not to be evicted. 

Q. The boarding house proprietor won’t return my security deposit – what should I do?

A. Your security deposit must be returned to you within 14 days after the end of your agreement, except for any costs that are legally allowed to be deducted, such as outstanding rent or damages. If your security deposit is not refunded, you can make an application to NCAT.

By law a proprietor or landlord is not obligated to lodge your security deposit with Rental Bonds Online. 

Q. My room or shared facilities need repairs and maintenance – what should I do?

A. You have the right to live in premises that are both reasonably clean and in a reasonable state of repair. If your room or shared facilities need repairs, you should notify the proprietor in writing. You should attach images of the issue.

If the issue is urgent, such as broken hot water or gas, the proprietor should fix the issue within 48 hours. If the issue is not urgent, the proprietor should fix the issue within a week or two. The proprietor or manager can enter your room to undertake repairs, but they must do so at a reasonable time.

If the proprietor does not respond or fix the issue you can make an application to NCAT. Include evidence of your attempts to notify the proprietor of the repair and images of the issue. 

Q. I’m worried about the security of the property or my private room – what should I do?

A. The premises should also be reasonably secure. This means all windows and doors should be able to be closed and locked securely. Your room must have a personal lock.

If there are any issues with any of the locks and security of the property or your private room, you should report this immediately to the proprietor in writing, and include images of the issue. If the proprietor does not fix the issue within 48 hours, you can make an urgent application to NCAT. Include evidence of your attempts to notify the proprietor of the repair and images of the issue.

Q. How clean do I need to keep the shared spaces and facilities?

A. Your occupancy agreement should have clauses around the rules for cleaning. Most boarding houses will have a cleaner that does regular cleans of the shared facilities and in some properties, will also clean your private room. It is important you understand what is expected of you before signing your agreement.

Q. What can I do if I’m having a disagreement with the proprietor, manager or another occupant?

A. You should be given the opportunity to resolve disputes using reasonable dispute resolution processes if you have an issue with the proprietor or manager. If you have an issue with another occupant, you will be expected to resolve the issue respectfully. Any breaches of the house rules by another occupant can be reported to the proprietor or manager. If you need advice over a dispute matter, contact our professional caseworkers for assistance.

Disclaimer

This information is current as of November 2024 and is intended as a guide to the law as it applies to people who live in or are affected by the law as it applies in NSW. It does not constitute legal advice.