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Boarding Premises
Commencement of Tenancy

Commencement of Tenancy
Rent and Costs

Commencement of Tenancy

Statement of Key Terms

A written statement of the principal terms (key terms) of the agreement must be provided to the tenant prior to entering the agreement.  This allows the tenant time to clarify anything they are unsure of with a friend, family or support person.

Where there are house rules, the statement of key terms is to be accompanied by a copy of the house rules, or to specify where the tenant can inspect the house rules.

The statement is to be signed by both parties on entering into the agreement.

The owner is to keep a copy for 6 months after the agreement ends.

The statement of key terms is to include:

• the names of the owner and the tenant;
• the location of the boarding premises eg address, room number;
• any facilities provided for the tenants use;
• the date on which the agreement is made;
• if the agreement is for a fixed term, the expiry date of the agreement;
• the amount of rent and the period for which it is paid; and
• a statement of any services to be provided and the cost, times and frequency of those services.

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House Rules

House rules are any rules that tenants have to observe, in addition to the terms of the tenancy agreement, relating to their occupancy of the boarding premises.  However, it is not compulsory to have house rules.

Where there are house rules, the rules are to state:

• meal times (if meals are provided);
• any restrictions or costs associated with access to or use of facilities provided for shared use eg laundry access times and cost of washing machines;
• any rules about access to shower and bathroom facilities;
• any restrictions on access by visitors eg no visitors after 10pm;
• any restrictions about parking or storage of goods;
• the times that any services, provided as part of the key terms of the agreement, are available eg cleaning, linen;
• if smoking is restricted, the places where smoking is permitted; and
• any restrictions on the consumption of alcohol.

Where there are house rules, the tenant is to be provided with a copy, or be told where they can view a public copy of the house rules.

How to Change

House rules are to state a method of changing house rules eg tenants to be informed of a proposed new house rule and the proposed new house rule will be posted in the same place as the house rules.  A meeting to discuss the proposed new rule may be held one week prior to commencement of the house rule.

House rules must also state the method for taking into account tenant's views in the development of house rules eg tenants may provide suggestions for house rules.

The Residential Tenancy Commissioner can assist if a disagreement over house rules arises.

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Tenant Information

Boarding premise tenants are also to be supplied with a copy of any information relating to rights and obligations under the residential tenancy agreement, as the Director of Consumer Affairs may direct.

Consumer Affairs and Fair Trading has prepared a Tenant Information Pamphlet, which sets out some basic information for boarding premises tenants.  This should be given to tenants when they enter into an agreement.

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Shared Rooms

An owner must not permit boarding premises to be occupied by more than one tenant unless they are joint tenants under the agreement, or one of them is a carer for the other person.

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Contact Details

The owner is to provide the tenant, in writing, with details of their:

• full name and residential or business address or any agent of the owner; and
• a telephone number or other means of contacting the owner at any time.

Any changes to this information are to be notified.

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Rent and Costs

Rent in Advance

Rent is payable in advance.  However, the payment period for boarding premises must not exceed 2 weeks, and so no more than 2 weeks rent in advance may be paid.

A payment period must not be varied during the agreement unless the owner and tenant agree.

Security Deposit (Bond)

An owner cannot require a security deposit for boarding premises.  A penalty is attached to this provision.

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Receipt for Cash or Cheque

A receipt is to be given to the tenant where rent is paid by cash or cheque.  The receipt must state:

• the date rent was received;
• the name of the tenant;
• the residential premises in respect of which rent is paid;
• the amount of rent paid; and
• the period to which the payment relates.

The costs of any meals or services are to be itemised separately on the receipt.

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Rent Increase

Written notice of an increase in rent may be given to a tenant if the written key terms of the tenancy agreement allows for an increase.

An increase can only take effect from:

• 60 days after the day of notification;
• 6 months after commencement of the tenancy;
• agreement, if notice of an increase is given less than 60 days after the tenancy agreement commenced;
• 6 months after a previous increase; or
• if the Commissioner makes an order.

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Costs

A tenant cannot be charged for any costs in relation to entering into, renewing or extending a residential tenancy agreement eg preparation of the statement of key terms, provision of keys.

Other Costs in Advance

The cost of agreed services (as detailed in the statement of key terms) provided under the residential tenancy agrement can be charged in advance.