Boarding houses

This chapter gives a brief overview of providing boarding houses and the rights and obligations of proprietors and long-term residents (lodgers, boarders) for whom the boarding house is their home. Boarders/lodgers are not tenants and are not protected by residential tenancy provisions. The Australian Capital Territory, New South Wales, Queensland, South Australia, Tasmania and Victoria (but not Western Australia) have introduced special boarding/rooming house provisions. The Northern Territory and Tasmania apply residential tenancy legislation with restrictions. Previously, boarders were in a precarious position with little practicable remedy to force landlords to provide clean and secure accommodation. Boarders risked eviction without notice or good reason. In contrast to tenants under a lease, boarders or lodgers do not have a right to exclusive possession, even if they exclusively occupy a room. This is because the provider retains general control and cannot be excluded from the premises. The boarding houses provisions now protect boarders/lodgers against summary eviction, provide for the safety, security and cleanliness of boarding houses, and provide practicable remedies for breach of duties.