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Boarding Premises
What is Covered

The Residential Tenancy Amendment (Boarding Premises) Act 2003 applies to:

• any residential tenancy agreement for boarding premises entered into on or after the commencement of the Residential Tenancy Amendment (Boarding Premises) Act 2003; and
• any residential tenancy agreement for boarding premises entered into before the commencement of the Residential Tenancy Amendment (Boarding Premises) Act 2003 - with effect from the first payment date that occurs 12 months after that day; or
• if the agreement is renewed or extended within that 12 months, with effect from the day on which it is renewed or extended.

What does this mean?

This means that the Act applies to any residential tenancy agreement for boarding premises from the 1 July 2004.

The Act will apply to any non-fixed term agreement for boarding premises from the first payment date after 1 July 2004.

The Act will apply to any fixed term agreement for boarding premises from the first payment date that occurs after the 1 July 2005 or if the agreement is renewed or extended within the 12 months after 1 July 2004, from the day of that renewal or extension.

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Definition of boarding premises

"boarding premises" means a room and any other facilities provided with the room where -

(a) the room is occupied as a principal place of residence; and

(b) any of the bathroom, toilet or kitchen facilities are shared with other persons

but does not include premises located in a building occupied predominately by -

(c) tertiary students; or

(d) students within the meaning of the TAFE Tasmania Act 1997.

'Boarding premises' can be a room in a house, a boarding or rooming house, a pub or backpackers, if you share the bathroom, toilet or kitchen facilities with any other people.  You will probably have meals or other services, such as linen, laundry or cleaning, provided if you live in boarding premises.

Premises that are mainly occupied by university or TAFE students are not boarding premises.

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The Act does not apply to:

• any part of a hotel or motel that is not a boarding premises;
• any premises ordinarily used for holiday purposes;
• any boarding premises located in a building containing less than 3 boarding premises where - the owner occupies the same building as a principal place of residence; or
• the tenant occupies the building as a principal place of residence and sublets the boarding premises;
• any part of an educational institution, hospital or nursing home;
• any part of a club;
• any premises used to provide residential care within the meaning of the Aged Care Act 1997 of the Commonwealth;
• any premises in respect of which a memorandum of lease is registered under the Land Titles Act 1980.

What does this mean

Hotels or motels

The Act only applies to the parts of a hotel or motel that are boarding premises.  For example, if the boarding premises comprise of a room, shared kitchen and bathroom facilities in a hotel, the Act applies only to those areas.  The Act does not apply to the public or lounge bar or commercial kitchen of the hotel.

Less than 3 boarding premises

The Act does not apply to private boarding arrangements, where the owner or a tenant lives at the premises and there are only 1 or 2 boarders.

Any part of an educational institution

The Act does not apply to educational institutions.  This includes accommodation in colleges which are run by the University of Tasmania, or TAFE, for example.

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Who the Act applies to:

• The Act applies to tenants and owners of boarding premises.

Boarding premises tenants and owners have rights and obligations under the Residential Tenancy Act 1997.

The tenant is also liable for the actions of any person visiting the tenant at the boarding premises.

Any person who enters the property on behalf of the owner is also obliged to observe the provisions of the Act.  For example, the quiet enjoyment and right of entry provisions.  Therefore, if the owner has arranged for repairs to be undertaken to the tenant's room, the tenant is entitled to 24 hours notice of this occurring.  The repairer cannot 'just turn up'.  However, the tenant can agree to allow the repairer to enter their room if they wish.