Boarding Houses (Tas)
In Tasmania, the laws that govern rental agreements relating to boarding houses are set out in Part 4A of the Residential Tenancy Act 1997. This page deals with boarding houses and the law in Tasmania.
What is a boarding house?
The Residential Tenancies Act 1997 defines ‘boarding premises’ as premises where a room is occupied as the principal place of residence, and the bathroom, kitchen or toilet are shared between residents.
What is not a boarding house?
Premises that are occupied mainly by university or TAFE students are not boarding houses under the Act. A person renting a room in a house that is occupied by the owner is not in a boarding house. Rather, they have a private rental agreement with the owner.
Share house or boarding house?
It is sometimes unclear whether a property is a boarding house or a share house. There are some key differences.
In a share house, two or more persons agree with the landlord to share a rental property. The tenants decide among themselves who will take which room, how they will divide the rent and other expenses, and are jointly responsible for the cleanliness and damage to the property.
In a boarding house, each tenant makes a separate agreement with the owner to rent one room of premises where the other areas are shared.
Residential tenancy agreement
Residential tenancy agreements for rooms in boarding houses contain different terms to other residential tenancy agreements.
A residential tenancy agreement in relation to a boarding house must not require a bond to be paid. It should have a statement of key terms and house rules, which should include details such as the amount of rent to be paid and when it is to be paid.
A residential tenancy agreement for a room in a boarding house must contain the following terms:
- the landlord is restricted from entering the room
- the landlord may carry out an inspection each month
- general repairs must be carried out within seven days
- if the lease does not specify a notice period, the tenant may end the agreement by given two days’ notice.
House rules
Under section 48H of the Residential Tenancies Act 1997, the house rules for a boarding house are to state:
- if meals are to be provided, the times they are to be provided;
- any restrictions or costs associated with access to, or use of, shared facilities;
- any restrictions on access by visitors;
- any restrictions on the use of parking or the storage of goods; and
- where services are provided in connection with accommodation, the times when the services are available;
- if smoking is restricted, the places where it is permitted;
- any restrictions on the consumption of alcohol;
- a method of changing the house rules;
- a method of taking into account the views of tenants in the development of house rules.
Rights of tenants
Tenants in boarding houses have the following rights under the Act:
- access to toilet and hand washing facilities and use of shower and bathroom at least once a day (section 48C)
- the exclusive use of a room unless the room is rented jointly with another tenant or it is occupied by another person who is their carer (section 48D)
Duties of landlords
Landlords of boarding houses have the following duties under the Act:
- if meals are provided, to provide them during the times specified in section 48E
- to maintain the bathrooms and other shared facilities in good working condition
Resolving disputes
If there is a dispute between a tenant and a landlord and they cannot resolve it directly, either party may contact the Residential Tenancy Commissioner for assistance. The Commissioner may determine disputes about bonds, unpaid rent, damage to the property and other matters.
If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.
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