Occupancy Principles

These principles are contained in Schedule 1 of the Boarding Houses Act 2012 and apply to residents of NSW boarding houses which are covered by this Act.

1  State of premises

A resident is entitled to live in premises that are:

(a) reasonably clean, and 

(b) in a reasonable state of repair, and

(c) reasonably secure.

2  Rules of registrable boarding house

A resident is entitled to know the rules of the registrable boarding house before moving into the boarding house.

3  Penalties for breaches of agreement or house rules prohibited

A resident may not be required to pay a penalty for a breach of the occupancy agreement or the rules of the registrable boarding house. 

4  Quiet enjoyment of premises

A resident is entitled to quiet enjoyment of the premises.

5  Inspections and repairs

A proprietor is entitled to enter the premises at a reasonable time on reasonable grounds to carry out inspections or repairs and for other reasonable purposes. 

6  Notice of increase of occupancy fee

A resident is entitled to 4 weeks written notice before the proprietor increases the occupancy fee. 

7  Utility charges

(1) The proprietor is entitled to charge a resident an additional amount for the use of a utility if:

(a) the resident has been notified before or at the time of entering the occupancy agreement of the use of utilities in respect of which the resident will be charged, and

(b) the amount charged is based on the cost to the proprietor of providing the utility and a reasonable measure or estimate of the resident’s use of that utility.

(2) A utility for the purposes of this clause is each of the following:

(a) the supply of electricity,

(b) the supply of gas,

(c) the supply of oil,

(d) the supply of water,

(e) the supply of any other service prescribed by the regulations. 

8  Payment of security deposits

(1) The proprietor may require and receive a security deposit from the resident or the resident’s authorised representative only if:

(a) the amount of the deposit does not exceed 2 weeks of occupancy fee under the occupancy agreement, and

(b) the amount is payable on or after the day on which the resident (or the resident’s authorised representative) enters the agreement.

(2) Within 14 days after the end of the occupancy agreement, the proprietor must repay to the resident (or the resident’s authorised representative) the amount of the security deposit less the amount necessary to cover the following:

(a) the reasonable cost of repairs to, or the restoration of, the registrable boarding house or goods within the premises of the boarding house, as a result of damage (other than fair wear and tear) caused by the resident or an invitee of the resident,

(b) any occupation fees or other charges owing and payable under the occupancy agreement or this Act,

(c) the reasonable cost of cleaning any part of the premises occupied by the resident not left reasonably clean by the resident, having regard to the condition of that part of the premises at the commencement of the occupancy,

(d) the reasonable cost of replacing locks or other security devices altered, removed or added by the resident without the consent of the proprietor,

(e) any other amounts prescribed by the regulations.

(3) The proprietor may retain the whole of the security deposit after the end of the occupancy agreement if the costs, fees or charges referred to in subclause (2) (a)–(e) are equal to, or exceed, the amount of the security deposit.

(4) In this clause: security deposit means an amount of money (however described) paid or payable by the resident of a registrable boarding house or another person as security against:

(a) any failure by the resident to comply with the terms of an occupancy agreement, or

(b) any damage to the boarding house caused by the resident or an invitee of the resident, or

(c) any other matter or thing prescribed by the regulations.

9  Information about occupancy termination

A resident is entitled to know why and how the occupancy may be terminated, including how much notice will be given before eviction. 

10  Notice of eviction

(1) A resident must not be evicted without reasonable written notice.

(2) In determining what is reasonable notice, the proprietor may take into account the safety of other residents, the proprietor and the manager of the registrable boarding house.

(3) Subclause (2) does not limit the circumstances that are relevant to the determination of what is reasonable notice.

11  Use of alternative dispute resolution

A proprietor and resident should try to resolve disputes using reasonable dispute resolution processes. 

12  Provision of written receipts

A resident must be given a written receipt for any money paid to the proprietor or a person on behalf of the proprietor.

NSW Government

ALBION HOUSE is a registered general boarding house under the Boarding Houses Act 2012

Web page was started with Mobirise