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SHELTER - Protection for Boarders and Lodgers

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This is a sample for the HSC Legal Studies Shelter package by HSC Apps. Just click Download and it's all yours to do what you want with it! Order online from June 7th from www.hsclegalstudies.com/order. Even if you don't buy the package, please give this to your students in case it helps them understand how we now protect vulnerable boarders and lodgers in NSW.

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SHELTER - Protection for Boarders and Lodgers

  1. 1. Leasing-Protection for tenants,landlords, boarders andlodgersBOARDERSANDLODGERSOCCUPANCYAGREEMENT‘GUEST’Has a non-exclusive right to occupy accordingto a regular COMMON LAW contractBoardersLodgersIn REGISTERED boarding housesOccupy a room+ meals and servicesCOMMON LAW + Consumer Claims Act 1998+ the Australian Consumer Law (ACL) 2010Boarding Houses Act 2012Boarding Houses Act 2012CONTRACTUALLICENCE‘RESIDENT’Has basic rights according to the ‘occupancyprinciples’ and has an occupancy agreementBoardersLodgersOccupy a roomIn hotels, motels, private homes, sharehouses, student accommodation, andrefuges and crisis accommodation
  2. 2. Leasing-Protection fortenants, landlords, boardersand lodgers‘Boarders’ and ‘Lodgers’ are like tenants (in that theyhave a contract with a landlord for the right tooccupy premises), BUT their legal position isdifferent.Some of these renters are amongst the mostvulnerable people in our community.Boarders and Lodgers
  3. 3. Leasing-Protection for tenants,landlords, boarders andlodgersPREVIOUS SYSTEM:Until 2013, boarders and lodgers relied on regular common lawcontracts (they didn’t have any special rights like tenants who rent – itwas more like the protection you’d get when you buy something froma shop).A lodger had a legal right to occupy premises, but not a right toexclusive possession (the landlord kept control of the premises). Thelandlord or a caretaker is usually physically present at the premises, sothey could set rules of conduct for anyone staying there.‘Marginal Tenures’ in AustraliaParity Magazine, 2011Boarders and Lodgers
  4. 4. Leasing-Protection for tenants,landlords, boarders andlodgersPREVIOUS SYSTEM:Boarders and lodgers weren’t covered by the RTA (or any special lawrelating to boarders and lodgers).They were only covered by regular common law and the ConsumerClaims Act 1998 and the Australian Consumer Law 2010).They faced:- eviction with little or no notice;- rent increases with little or no notice;- no effective way of resolving disputesBoarders and Lodgers
  5. 5. Leasing-Protection for tenants,landlords, boarders andlodgersPREVIOUS SYSTEM:Boarders and Lodgers‘Three reports from the NSWOmbudsman havehighlighted the extent towhich boarding houseresidents have beenexploited by dodgyoperators and forced to livein filthy conditions.’Crackdown on dodgy boarding houses, ABC News (2012)
  6. 6. Leasing-Protection for tenants,landlords, boarders andlodgersLAW REFORM:FINALLY, the NSW government sawthat this situation was unfair andthey passed theBoarding Houses Act 2012It includes new occupancy rights forresidents (but only for people inregistered boarding houses).Boarders and Lodgers
  7. 7. Leasing-Protection for tenants,landlords, boarders andlodgersBoarders and lodgers (in registered boardinghouses) now have special rights, like the rightsto:- live in reasonably clean and secure accommodation- know the rules of the boarding house before moving in- 4 weeks written notice of any rent increase- KNOW: 1) why an occupancy may be terminated; and 2)how much notice will be given before termination- be given reasonable written notice of evictionAND they’ll be able to enforce these rights atthe CTTT to enforce their housing rights (not likebefore, where they could only go to the CTTT forbreach of a contract).Boarders and LodgersMore Protection for Boarding House Residents (SMH 2012)
  8. 8. Leasing-Protection for tenants,landlords, boarders andlodgers Boarders and LodgersOCCUPANCYAGREEMENT‘GUEST’Has a non-exclusive right to occupy accordingto a regular COMMON LAW contractBoardersLodgersIn REGISTERED boarding housesOccupy a room+ meals and servicesCOMMON LAW + Consumer Claims Act 1998+ the Australian Consumer Law (ACL) 2010Boarding Houses Act 2012Boarding Houses Act 2012CONTRACTUALLICENCE‘RESIDENT’Has basic rights according to the ‘occupancyprinciples’ and has an occupancy agreementBoardersLodgersOccupy a roomIn hotels, motels, private homes, sharehouses, student accommodation, andrefuges and crisis accommodation
  9. 9. Leasing-Protection fortenants, landlords, boardersand lodgersWhat about these people?They are covered by the same laws that ALL boarders andlodgers used to be covered by (before 2013).1. Common law2. The Consumer Claims Act 19983. The Australian Consumer Law 2010Boarders and Lodgers‘GUEST’Has a non-exclusive right to occupy accordingto a regular COMMON LAW contractCOMMON LAW + Consumer Claims Act 1998+ the Australian Consumer Law (ACL) 2010CONTRACTUALLICENCE BoardersLodgersIn hotels, motels, private homes, sharehouses, student accommodation, andrefuges and crisis accommodationand
  10. 10. Leasing-Protection for tenants,landlords, boarders andlodgersA lodger’s legal right to occupy premises is called a ‘licence’.Unlike an agreement under the RTA, a licence is a personal right anddoes not give the renter a legal interest (i.e. ‘leasehold title’) in theland, and therefore is not protected to the same extent.The terms contained in a licence are limited to whatever the lodger andlandlord BARGAIN FOR (which means, in reality, that the terms aredecided by the landlord, because they have all the bargaining power).Boarders and Lodgers‘GUEST’Has a non-exclusive right to occupy accordingto a regular COMMON LAW contractCOMMON LAW + Consumer Claims Act 1998+ the Australian Consumer Law (ACL) 2010CONTRACTUALLICENCE BoardersLodgersIn hotels, motels, private homes, sharehouses, student accommodation, andrefuges and crisis accommodationand

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