Boarding houses

What is a boardin​g house?

A boarding house is 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.

For more information, see Boarding houses on the NSW Fair Trading website.

Do all boarding houses have to be registered?

A boarding house must be registered if it is:

• a general boarding house - a boarding house that provides beds for a fee for five or more residents, or 
• an assisted boarding house - a boarding house that provides beds for a fee for two or more residents who have additional needs. For example, a boarding house that has residents that are elderly and frail, or that have a mental illness or disability, and these residents need extra care or support with daily tasks and personal care.

There are exceptions to these definitions, such as a hotel, bed or breakfast, serviced apartment, nursing home, mental health facility, school, retirement village or residential aged care facility.

How do I find out if the boarding house is registered?

You can access the register online through the Accommodation registers on the NSW Fair Trading website.

Is it an offence if the boarding house isn't registered?

It is an offence if a boarding house is legally required to be registered but isn't. The proprietor (the owner of the house) may be fined by the Local Council.

If you have concerns about a boarding house, you should contact your Local Council.

To find your Local Council, see Local Government Directory on the Office of Local Government website.

Am I a boarder, lodg​er or tenant?

The legal definitions of a boarder, lodger and tenant are different. It is important to know which one you are, because different laws apply, and these laws set out your rights, and how disputes are dealt with.

Some of the differences between a boarder, lodger and tenant are:

• a tenant usually has exclusive use and control of the property, although in some cases they may have a flatmate or subtenant
• a boarder or lodger usually lives in a property where there are communal areas, like a shared kitchen, laundry or living space. Meals, or a cleaning or linen service, may be provided. Sometimes there might even be a caretaker that helps residents in the premises. Usually, a boarder or lodger does not have control of what happens at the premises.
  

For more information, see Boarding Houses and the Law: A legal guide for people in NSW on the Redfern Legal Centre website.

If you are not sure whether you are a boarder, lodger or tenant you should:

• check any written agreement you have - often the agreement might specify which law applies to your living arrangements, for example, the Residential Tenancies Act 2010 (NSW) if you are a tenant, or the Boarding Houses Act 2012 (NSW) if you are a boarder
  
• get advice from a tenancy service - they can help you work out what laws apply and give you information or advice if you have a dispute.
  

What type of accommodation is not recognised as a boarding house?

The following types of accommodation are not a boarding house:

• hotels, motels or bed and breakfast
• backpacker hostels
• serviced apartments
• accommodation for workers or employees in connection with their employment
• school accommodation
• public hospitals, health or residential care facilities
• retirement villages or nursing homes
• mental health facilities
• refuges or crisis accommodation.

If you are not a tenant or a boarding house resident, you may still have rights as a consumer. You should get legal advice about your situation.

What is an occupancy agreement?

An occupancy agreement is an agreement between a proprietor (the owner of the house or someone acting on their behalf) and a resident that allows the resident to live in a boarding house for a fee. The agreement must be in writing and provided to the resident by the proprietor.

What does an occupancy agreement include?

An occupancy agreement includes information such as:

• the details of the proprietor and resident the agreement relates to 
• the room or accommodation the resident occupies
  
• how long the agreement is for
• the frequency and amount of the fee to be paid by the resident, and 
• the occupancy principles that apply to the agreement.

Who has powers to inspect a boarding house?

A Local Council has power to do an initial compliance inspection within 12 months of a registered boarding house. They only have these powers for registrable boarding houses.

The Department of Communities and Justice also have powers to investigate boarding house issues, including powers to ask certain people questions about the premises, or powers to request certain documents. ​

What are my rights?

If you are a boarder that lives in a registrable boarding house, your rights will be included in:

• your occupancy agreement - this should have been provided to you in writing by the proprietor of the boarding house
  
• the occupancy principles - these are also often included in a standard occupancy agreement.
  

For more information about your rights, see the factsheet Boarding Houses Act on the Tenants' Union of New South Wales website.

What if I have a dispute with the proprietor of a boarding house?

If you live (or have lived) in a registrable boarding house and have a dispute with the owner of the house or someone acting on their behalf, you can:

• ​discuss your concerns with them directly - you should keep notes of any conversation you have, for example, dates, times and who was present during conversations
• try mediation at a Community Justice Centre - mediation is voluntary
• apply to the NSW Civil and Administrative Tribunal (NCAT).
  

Before you apply to NCAT, you should get legal advice about your situation. A lawyer can help you to work out what action is best depending on your circumstances. ​

Who is the proprietor?

The proprietor of the boarding house is the person that owns the property. They might manage the property themselves, or have an agent that represents them, for example, a real estate agent.

If you don't know who the proprietor is, you could:

• ask other residents
  
• check any agreement you have that might state those details
  
• ask the caretaker, if you have one that looks after the property
  
• get legal advice. ​
  

What can I do if I am evicted?

If you have been evicted from a registrable boarding house, you should have been given notice:

• according to your written agreement, or
• reasonable written notice from the proprietor (the owner of the house or someone acting on their behalf).

If you believe your eviction was not reasonable, or you have a dispute with the proprietor, you should get legal advice.

What can I do to get my belonging​s back?

If you left belongings in the boarding house, you can:

• contact the owner of the house or the caretaker to arrange access to collect your goods
  
• if access is refused, you can make an uncollected goods application to the NSW Civil and Administrative Tribunal (NCAT) for the dispute to be resolved.
  

For more information, see the Uncollected goods topic.

If you have an Apprehended Violence Order (AVO) against you and it prevents you from going to the property or having contact with a resident, the owner or caretaker, you should get legal advice before making any contact about your goods.

Can I apply to the NSW Civil and Administrative Tribunal?

You can apply to the NSW Civil and Administrative Tribunal (NCAT) if you have a dispute with the proprietor (the owner of​​ the house or someone acting on their behalf) of a registered boarding house about your rights under the occupancy principles.

For more information, see Boarding houses on the NCAT website.

What orders can the NSW Civil and Administrative Tribunal m​​​ake?

The NSW Civil and Administrative Tribunal (NCAT) can make orders:

• to stop any action that breaches the occupancy principles
  
• that require certain actions in performance of the occupancy principles
  
• for the payment of money, for example, a refund of fees paid or compensation
  
• that the proprietor must enter into a written occupancy agreement
  
• that require the proprietor to perform certain work so that they comply with the laws
• that allow a resident or former resident access to collect personal belongings.

For more information, see Boarding houses on the NCAT website.

What form do I use to app​ly to the NSW Civil and Administrative Tribunal?

You can apply:

• using NCAT Online Services, or
• by completing the General List application form and lodging it at any NCAT Registry.

You will also need to pay a fee.

If you are requesting an urgent hearing, you must mark your application as ‘URGENT’ and attach a letter explaining why your matter is urgent.

For more information, see Boarding houses on the NCAT website.

How do I register to NCAT Online Services?

To make an application online using NCAT Online Services, you will need to set up an account and register your details on the NSW Online Registry website.  

You will also need to specify the order you are seeking from the Tribunal. 

For more information, see NCAT Online Services Help on the NCAT website.

What happens after I apply to the NSW Civil and Administrative Tribunal?

After you apply to the NSW Civil and Administrative Tribunal (NCAT) you will be sent a notice with details of your conciliation​/hearing date and time. 

For more information on the tribunal process, see Boarding houses the NCAT website.

Who can help me with my a​pplication?

You can contact ​your local Tenancy, Advice and Advocacy Service for information about your dispute and the tribunal process.

Do I need a lawyer to help​ me?

You don't need a lawyer to apply to, or appear in, the NSW Civil and Administrative Tribunal (NCAT), although it is a good idea to get legal advice about your case.

For assistance and advice, contact your local Tenancy, Advice and Advocacy Service.

What if my case is urg​ent?

The NSW Civil and Administrative Tribunal (NCAT) can arrange an urgent hearing if you have an issue that needs to be dealt with urgently. 

If you want an urgent hearing, you need to mark your application 'URGENT' and attach a letter explaining why your matter is urgent.

For more information, see Apply for an urgent hearing on the NCAT website.

Can I claim compensation?

You may be able to claim compensation, but it depends on what your dispute is about and how you have been affected.

For assistance and advice, contact your local Tenancy, Advice and Advocacy Service. ​

Can I appear at the NSW Civil and Administrative Tribunal by telephone or video?

Yes, you can attend by telephone or video, if you get permission from the NSW Civil and Administrative Tribunal (NCAT). 

If you want to attend a hearing by telephone or video, you can:

• ask the Tribunal member during the initial hearing, or
• complete the application form as soon as possible.

You will need to tell NCAT the reasons for your application and can attach any documents that support your argument.

It will be up to NCAT to decide whether to it is appropriate for you to appear by telephone or video. NCAT will consider:

• the type of proceeding
• the nature and complexity of your case
• the views of the other parties
• your reasons for the request, and
• whether any party might suffer a disadvantage.

If your application is approved, NCAT will send you information about how to join the hearing. If your application is not approved, you should attend the hearing in person.

For more information, and for a copy of the application form, see Attending a hearing by telephone or video on the NCAT website.

What if I missed the hearing?

If you missed the hearing and orders were made in your absence, you may be able to apply to have the proceedings reinstated if you have a reasonable excuse for not attending, for example, you were in hospital or you didn't receive the notice telling you when you had to attend.

You have seven days from the date of the decision to apply, although the Tribunal may grant an extension on this time limit in certain circumstances.

Can I appeal the decision?

Before considering an appeal, you should consider whether you have grounds to apply for the order to be set aside. This may be an option if you missed your hearing date because of reasonable circumstances, for example, if you were overseas at the time, or in hospital and didn't receive notice.

You may be able to apply for an internal appeal within 28 days from the date of the decision, or from when you were given written reasons for the decision. You may need to seek leave (permission) to do this. 

An internal appeal may be an option if:

• you have suffered a substantial miscarriage of justice because the decision was not fair or equitable
• the decision was against the weight of evidence 
• new evidence has arisen which couldn't reasonably be put to the Tribunal at the time of the hearing. 

If you are unhappy with the outcome of the internal appeal, you may be able to seek leave (permission) to appeal the decision to the Supreme Court of NSW within 28 days on a point of law. 

How can I enforce a Tribunal order for money to be paid to me?

Orders made by the NSW Civil and Administrative Tribunal (NCAT) are legally enforceable.

If an order was made for you to be paid money, and it hasn't been paid in the required time, you can apply to have the order enforced. 

To do this, you must:

• request a certified money order from NCAT - you don't have to pay a fee
• register the certified money order with the Local Court and pay the fee.

By doing this, the order can be enforced as a judgment, meaning that you have other options to recover the money, for example, by applying for a garnishee order on the person's bank account. 

For more information, see:

• the Cr​editor (when you are owed money) topic
• Enforce a money order on the NCAT website.