Boarders and lodgers
Boarders or lodgers are not covered by the Residential Tenancies Act, but they still have rights and responsibilities
Boarders and lodgers are a special group of home-dwellers in terms of the law. Unlike most who rent, they are not covered by the Residential Tenancies Act.
Boarders generally stay at another person's house paying rent with meals. Lodgers stay at another person's house and pay rent but are generally not supplied with meals.
There are two main differences between a tenant and a boarder or lodger. A tenant has a right to exclusive possession of the place where they're staying and a term of tenancy, i.e. the length of time he or she is given permission to stay in the house.
A right of exclusive possession means the right to exclude anyone, including the landlord, from the premises.
This is different from exclusive occupation or use where you may have your own room in which no one else can stay without your permission.
The landlord is the person who provides the room(s) and gives permission to the boarder or lodger to live there. If you are a boarder or lodger, your landlord keeps control and authority over the house, even if you have a key, and can come into the house without giving any notice.
If your room has a lock that physically stops the landlord from entering, this does not automatically mean you have exclusive possession of the room. The 'house rules' may state that the manager, landlord and/or owner is allowed to come into your room without your permission.
If your agreement includes cleaning, linen or meals, the landlord will need unrestricted access and you would not have exclusive possession.
If you are renting all or part of a house from an existing or head tenant, they should have obtained approval from the landlord before you moved in. If this is the case, whether you are a sub-tenant or lodger depends upon the agreement reached between you and the head tenant. If you and the head tenant agreed you could have exclusive possession of all or part of the house (where you have the right to exclude anyone, including the landlord), you are a sub-tenant. This agreement must have been approved by the landlord before you moved in.
If you are staying in a room and paying rent to the head tenant as a lodger, the head tenant still needs the landlord's approval. However, you won't have exclusive possession of any part of the house.
If your employer provides you with a home, you may be a boarder, lodger or tenant, depending on the circumstances.
If your employer provides you with a room in his or her home in return for services such as gardening, cleaning or general handiwork, instead of paying rent, you are likely to be a boarder or lodger. Where you are provided with a room and/or meals as part of your employment, you are also likely to be a boarder or lodger. In both circumstances, your right to live in your employer's home may exist only as long as you continue to be employed.
If you rent a house provided by your employer which is not the employer's own home, you are probably a tenant and will have rights under the Residential Tenancies Act, even if your employment comes to an end. You will need to check your rental tenancy agreement for any special conditions relating to your employment.
Whatever the arrangement, the Department of Commerce recommends you put the agreement in writing and make sure it is signed by you and your employer.
Notice to leave
Your landlord may ask you to leave - without any reason - at any time.
However, they must give you 'reasonable notice' to leave the premises and take your belongings. This may have been agreed to before you moved in - check any written agreement you may have. You should be able to agree a reasonable time with your landlord, but be aware you may have to move out with short notice.
What amounts to 'reasonable notice' depends on the circumstances of each situation, e.g. if you need to make arrangements to move furniture.
As a common courtesy, you should let your landlord know about a week in advance if you want to move out. You should give the landlord time to do a check of your room and arrange for the return of any security bond you may have paid.
It is your responsibility to keep your room clean and tidy and report any damage you have caused other than normal wear and tear.
For more details on your rights and responsibilities as a boarder or lodger, call the Department of Commerce advice line on 1300 30 40 54.
Advice can also be sought from:
- Legal Aid information line - 1300 65 05 79
- Citizens' Advice Bureau - 9221 5711
- Tenant's Advice Service - 9221 0088
If you have a problem with your landlord, you should always first try to sort it out by discussing it with him.
In some instances, you may be able to take civil action in the Magistrate's Court. However, you should seek legal advice first. You should keep in mind that if you have failed to meet your responsibilities as a boarder or lodger, your landlord is entitled to take civil action against you.