Know Your Rights: Rooming and Boarding Houses in NSW

Living in a rooming or boarding house in New South Wales (NSW) comes with specific rights and responsibilities that are important for renters to understand. Whether you're dealing with issues like rent increases, eviction, or repairs, it's crucial to know how the Residential Tenancies Act 2010 (NSW) protects you in these situations.

What Are Rooming and Boarding Houses?

Rooming houses and boarding houses are types of shared accommodation with multiple private or shared rooms. They differ slightly in terms of legal definitions and regulations, but both share similar rules under NSW law. These accommodations often appeal to students, working professionals, and low-income earners.

Key Rights for Residents in NSW Rooming Houses

Rent Increases and Contracts

Your rent can only be increased in compliance with terms outlined in your agreement and the law. Under the Residential Tenancies Act 2010, landlords must provide written notice before any rent increase, giving you ample time to adjust or challenge if necessary.

Evictions

Eviction must follow the legal process. Residents can only be evicted with proper notice and legitimate reasons. If you face eviction, you may apply for an order from the NSW Civil and Administrative Tribunal (NCAT) challenging the reason for your eviction.

Repairs and Maintenance

Your landlord is required to keep the property in a reasonable condition. Urgent repairs should be rectified promptly; otherwise, you may have grounds to make a complaint or seek a tribunal order for necessary repairs.

How to Protect Your Rights

Understanding and utilizing the correct forms is essential when dealing with disputes.

  • Rent Increase Dispute Form: Use this form to dispute an unjust rent increase. Access it via the NSW Fair Trading website.
  • Application for Tribunal Order: Apply through the NCAT for judgments on tenancy matters.
If you're unsure about a notice or need guidance, consult with legal aid services or community legal centers to get the support you require.

FAQ Section

  1. What should I do if my landlord increases rent unexpectedly? Request a detailed explanation and use the Rent Increase Dispute Form to challenge unfair adjustments.
  2. How can I ensure urgent repairs are done promptly? Document the problem, notify your landlord in writing, and apply to NCAT if repairs are delayed.
  3. Can I be evicted without notice? No, you must be given proper notice according to your rental agreement and NSW legislation.

How To Section

  1. How to challenge a rent increase in New South Wales
    1. Step 1: Review the notice to ensure compliance with NSW laws.
    2. Step 2: Formal objection through a Rent Increase Dispute Form if needed.
  2. How to apply for a repair order
    1. Step 1: Notify your landlord of required repairs in writing.
    2. Step 2: If unresolved, apply to NCAT for a repair order to enforce action.

Key Takeaways

  • Always confirm that rent increases comply with your lease and state laws.
  • Use NCAT if facing disputes or requiring official resolution.
  • Ensure prompt communication with your landlord for any issue, documented in writing.

Need Help? Resources for Renters


Bob Jones
Bob Jones

Editor & Researcher, Tenant Rights Australia

Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for tenants everywhere.