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Boarding Premises
Disputes

The Residential Tenancy Commissioner (Commissioner) is appointed by the Minister.

 
The Commissioner's function is to determine disputes arising in relation to the disbursement of security deposits.  The Residential Tenancy Amendment (Boarding Premises) Act 2003 also provides that the Commissioner may, in the case of boarding premises, act in mediation or conciliation of any disputes between the parties.

The Residential Tenancy Act 1997 empowers the Commissioner to do anything necessary or incidental to carry out functions under the Act, including the delegation of those powers to any person, and provides particular powers relating to the making of an order under section 48I. 

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Application to Commissioner

Either party to a boarding premises agreement can apply to the Commissioner.  A family member, friend, support worker or social worker can also apply to the Commissioner on behalf of a tenant.

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Orders

In relation to Boarding Premises, the Commissioner may make:

• an order requiring that a party to a residential tenancy agreement comply with the agreement or with a provision of the Act (Section 48I);
• an order that a provision of an agreement is inconsistent with the Act, that it be modified, or that the provision have no effect (Section 16);
• an order that the owner provide information as directed by the Director of Consumer Affairs and Fair Trading (Section 14);
• an order that an increase in rent does not exceed a certain amount because the increase is unreasonable (Section 23(3));
• an order that the owner carry out any reasonable repair that is not the fault of the tenant (Section 36A);
• an order declaring that the premises have been abandoned (Section 47A);
• an order permitting the sale of abandoned goods if valued at $300.00 or more (Section 48);
• an order that the owner fit or maintain a lock or other security device sufficient to secure the premises (Section 57).

However, the Commissioner cannot make an order under section 41 (order of termination) or section 45 (order for vacant possession).

Appealing an Order of the Commissioner

A person who is aggrieved by an order made by the Commissioner may appeal to a Court within 7 days.

The magistrate will rehear the matter and may confirm or  set aside an order.  The magistrate may also substitute another order if the order is set aside.

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House Rules

House rules are not compulsory.  However, where they do apply house rules must apply to all tenants equally and must be consistent with the Act. 

A house rule can be challenged on the basis that it is not consistent with the Act.  An application can be made to the Residential Tenancy Commissioner to resolve an issue over a house rule.

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Copy of Information

Boarding premises 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.

The Commissioner can make an order that the tenant be supplied with information under the Act.

For further information on how to make an appliction to the Commissioner, please view our Residential Tenancy Commissioner web page.