| Home | Forms | Publications | Requests | Fees and Payments | Contact Us
This provision is only applicable where meals are provided as part of the residential tenancy agreement. The times are given as an indication of acceptable times for the service of meals. It is up to individual operators to set their own meal times.
Breakfast
This allows a flexible time period within which to serve breakfast to cater for both those who have early starts and those who are later risers.
Weekend breakfast may be served at a later time period than weekday breakfast. For example, weekday breakfast could be served between 7am and 8:30 am. Weekend breakfast could be served between 8am and 9:30 am.
The provision does not mean that breakfast has to be continuously available during this period. Nor does it preclude operators from providing breakfast outside of the stated times to tenants where special arrangements are made for early starts etc. However, there is no obligation on the operator to provide breakfast outside of the stated times.
Lunch
The provision does not mean that lunch has to be continuously available during this period. The provision does not preclude operators from providing lunch outside of the stated times to tenants where special arrangements are made. There is no obligation on the operator to provide lunch outside of the times stated in the statement of key terms and the house rules.
Dinner
The provision does not mean that dinner has to be continuously available during this period. The provision does not preclude operators from providing dinner outside of the stated times to tenants.
For example, providing late dinner where special arrangements are made. There is no obligation on the operator to provide dinner outside of the times stated in the statement of key terms and the house rules.
Access to Toilet and Bathroom Facilities
Boarding premises tenants are entitled to access to a toilet and hand washing facilities at all times, and reasonable use of either a bathroom or a shower at least once each day. Access to a toilet, bathroom or shower under this section is to be private.
What does private access to a toilet, bathroom or shower mean?
This means that toilets and bathrooms should have doors and preferably privacy locks. Showers should be configured as separate stalls, rather than an open bank of shower roses, and offer privacy. For example, a bathroom, which consists of a bank of hand basins and separately enclosed shower stalls, each with a drying off area will comply.
Shared Rooms
Tenants are not obliged to share rooms unless they request to do so under a joint tenancy agreement or one of the tenants is a carer for the other.
Joint Tenants
A joint tenancy agreement is an agreement where people agree to be jointly responsible for the tenancy. Joint tenants are named together on the tenancy agreement as tenants and the terms and conditions of the agreement apply equally to each joint tenants. Joint tenants are jointly and individually responsible for the rent and the boarding premises. This means that each tenant may be liable for the owner's losses individually or together.
Carer
A carer is any person who is responsible for the care of another person. A carer may include, but is not limited to, a parent or guardian, a close friend or relative or a person who regularly provides or arranges for the provision of domestic services and support to the other person (otherwise than for remuneration).
Maintenance and Repairs
The owner of boarding premises is responsible for maintaining the premises as near as possible to the same condition as when the agreement was entered into, apart from reasonable wear and tear.
The owners are responsible for the maintenance of shared facilities in proper working condition.
If a tenant becomes aware of the need for repairs the tenant is responsible for informing the owner of the need for repairs within 7 days. However, tenants are not responsible for arranging urgent or emergency repairs to boarding premises. Therefore, it is a requirement of the Act that a means of contacting the owner at any time be made available to the tenant.
The owner is responsible for carrying out repairs to boarding premises within 7 days. Where the owner does not carry out repairs within 7 days the tenant can apply to the Residential Tenancy Commissioner for an order that the owner comply with the repairs provisions of the Act. Failure to comply with an order of the Residential Tenancy Commissioner is an offence and may be subject to a fine or imprisonment for failure to pay the fine.
A tenant who causes damage to the boarding premises is responsible for repairing the boarding premises.
Quiet Enjoyment
Tenants are entitled to the quiet enjoyment of the residential premises and the owner must not interfere with the tenants right to use the premises.
What does this mean?
Tenants should be able to use their room and shared facilities without interference from the owner - subject to any house rules. Therefore constant interruptions to the tenant by the owner are interference by the owner. For example popping in to check on the tenant or the room, to chat constantly or to tell them to tidy up. However, it would be reasonable for an owner to check on a sick or frail tenant or a tenant who the owner has not seen for a day or two.
Right of Entry
An owner of residential premises must not enter the boarding premises or permit any other person to enter the premises without the tenant's permission.
What does this mean?
The owner must not enter the tenant's room or allow other persons to do so.
The owner can ask for the permission of the tenant to enter the room and, if given, may enter the room.
Entry without Permission
An owner can enter the tenant's room if they believe the tenant is ill or injured and cannot give permission, if they believe there is a risk of injury to the tenant or another person or the room if they do not enter, if damage has occurred to the premises or if the owner reasonably believes the tenant has abandoned the premises.
What if the owner has a reason to enter?
The owner should first discuss the reason for entry with the tenant and try to come to an agreed time. If an agreement can't be reached an owner may enter the premises by giving at least 24 hours notice for certain reasons. These include:
Entry may only be between 8 am and 6 pm unless the tenant agrees to another time.
House Rules
The owner must ensure that the house rules apply equally to all tenants and that house rules are displayed in a prominent place that all tenants have access to or are available on demand to any tenant.
