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Boarding houses

Information about boarders and lodgers in accommodation with shared facilities.

  • This topic covers

    • General boarding houses a​​nd assisted boarding houses
    • The rights of boarders in registered boarding houses when there is a dispute
    • The jurisdiction of the NSW Civil and Administrative Tribunal (NCAT) to deal with boarding house disputes.

    The information in this topic does not apply to people that board or lodge in premises that aren't c​overed by the Boarding Houses Act 2012 (NSW), for example, hotels, motels and bed and breakfasts. It also does not apply to tenants who are covered by the Residential Tenancies Act 2010 (NSW).​

Time limitAction
7 daysIf an order has been made by the NSW Civil and Administrative Tribunal (NCAT) in your absence, you have seven days from when the order was made to apply for it to be set aside. It may be possible to get an extension of this time but you should get legal advice about your circumstances.
28 daysTo seek leave from the Appeal Panel of NCAT to make an internal appeal. 
28 days

To appeal a decision of the Appeal Panel to the Supreme Court of NSW.

You can only appeal on a question of law.

Organisations

OrganisationResponsibilities
Local CouncilsLocal Councils have certain powers to inspect boarding houses.
NSW Civil and Administrative Tribunal (NCAT)NCAT has jurisdiction to deal with certain types of disputes between an occupant and owner of a registrable boarding house.

Legislation

AuthorityCovers
Boarding Houses Act 2012 (NSW)Sets out the rights of boarders in registrable boarding houses and the responsibilities of boarding house owners.
Uncollected Goods Act 1995 (NSW)Sets out the process to dispose of goods left behind or abandoned by an occupant or resident at the end of an agreement.
Local Government (General) Regulation 2005 (NSW)Sets standards for places of shared accommodation, including all boarding houses.

Common termDefinition
Assisted boarding house

A premise that provides beds for a fee or reward, for use by two or more residents who have additional needs. A person with additional needs has a disability; a mental illness and/or a disability, and needs supports or supervision with daily tasks and person care.

Other residents with additional needs and their relatives of the owner of the property or a manager do not count towards the number of residents. 

Boarder or lodgerA person who receives accommodation for a fee, and usually some type of service, such as meals. A boarder or lodger usually doesn't have exclusive use of the property, for example, they might share certain facilities.
Boarding house

Accommodation that usually has:

  • shared facilities, for example, a communal living room, bathroom, kitchen or laundry
  • services provided, for example, meals or a cleaning or linen service.

Most boarding houses have a caretaker that looks after the property and people that stay there. The people that live in boarding houses are usually boarders or lodgers.

General boarding house

A premise that provides beds for a fee or reward, for five or more residents. 

Relatives of the owner of the property or a manager do not count towards the number of residents. 

It must be registered under the Act.

Occupancy agreementA written agreement between a proprietor and resident that allows a resident to occupy a room in the boarding house for a fee.
Occupancy principlesPrinciples set out in legislation that outline a boarder's legal rights when they are living or have lived in a registered boarding house. The occupancy principles are usually outlined in a standard occupancy agreement.
ProprietorThe owner of the boarding house. The proprietor is usually the person or company that enters into an occupancy agreement with a resident.

Registrable (or registered) boarding house

A boarding house that is either an assisted boarding house or general boarding house. It does not include premises such as a hotel, bed or breakfast, serviced apartment, nursing home, mental health facility, school, retirement village or residential aged care facility.  

Tenancy

An arrangement between a tenant and landlord where accommodation is provided for rent. Tenancies are covered by the Residential Tenancies Act 2010 (NSW).

Tenant

A person that pays rent to their landlord for accommodation. The arrangement is covered by the Residential Tenancies Act 2010 (NSW).

A tenant is different to a boarder or lodger. A tenant usually has exclusive use of a property rather than shared or communal areas.

 

OrganisationFee
NSW Civil and Administrative Tribunal (NCAT)Fees at NCAT

OrganisationForms
NSW Civil and Administrative Tribunal (NCAT)General List application form

OrganisationTypeCosts
NSW Civil and Administrative Tribunal (NCAT)Legal costsIf you apply to NCAT and the amount in dispute is less than $10,000, you will usually have to pay your own legal costs, as cost orders are only made in special circumstances.

Frequently Asked Questions

Boarding houses FAQs

Frequently Asked Questions about boarding houses.

Our services

NCAT Housing Appeals

If you want to appeal a tenancy decision made by the NSW Civil and Administrative Tribunal (NCAT), Legal Aid NSW can give tenants free legal advice.

Homeless Outreach Legal Service

The Homeless Outreach Legal Service is a specialist service of Legal Aid NSW. It runs advice clinics in a number of metropolitan and regional areas

More services

Solicitor Referral Service

If you need legal help and are looking for a law firm, the Law Society of NSW Solicitor Referral Service (SRS) can provide you with a referral.

Tenants' Advice and Advocacy

Tenants Advice and Advocacy Services (TAASs) provide free information, advice, and advocacy to NSW renters.

Last updated: December 2024