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.
Boarders usually receive meals as part of their agreement. Lodgers do not.
So what? - 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:
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.
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.
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