12 Dec Lodger Agreement Western Australia
The landlord is the person who makes the room available and gives the boarder or tenant permission to reside there. If you are a retiree or tenant, your landlord retains control and authority of the house, even if you have a key, and can enter the house without notice. The rental law excludes certain types of premises and agreements from its coverage. If you rent in one of the following types of premises or under one of the following types of agreements, you will be excluded from the Housing Act. Who is considered a boarder or a tenant? The tenant is a person who pays the rent and in return obtains the right to occupy a dwelling house, whether it is exclusive or not, as long as he is not a tenant or tenant. A tenant has more exclusive ownership than a retiree or tenant. A tenant usually stays with another person and pays the rent, but is not usually stocked with meals. If you are a tenant, the principal tenant becomes your landlord and the agreement between you should be in the mandatory tenancy agreement. Even if it is only a verbal agreement, you should be provided at the beginning of the lease with information for tenants whose lease is not written. However, if you think you may be a retiree or tenant, it is best to get advice before the procedure begins.
You probably have some sort of recourse, even if you are a boarder or tenant, and it is important to check that out. Contact the Department of Mines, Industrial Regulation and Safety (website: www.dmirs.wa.gov.au or phone 1300 30 40 64). A common situation is that the tenant has exclusive ownership of his own bedroom and sharing kitchen, bathroom and laundry. The description in the agreement of the portions of the tenant`s property and the non-exclusive property guarantees the rights and obligations of all parties. This fact sheet summarizes the rights of boarders and tenants under NSW law, including whether you are a country/tenant, regarding rent, borrowing and eviction. There is no minimum or maximum duration of the agreement under the Western Australia Act. Written agreements guarantee the lease and guarantee All additional conditions cannot oppose or modify the standard, nor can they attempt to exclude any of the legal provisions of Western Australia`s law from application to the agreement. If the contract is written, the owners must provide each tenant with a copy of the contract when the contract is signed. In addition, it is important to remember that even if the food received is not sufficient to be classified as a boarder, it can still be a lodger and therefore not within the law (Bradbook, McCallum and Moore, 1983, Residential Tenancy Law and Practice Victoria – and South Australia, Ch. 4). How you settle disputes with your landlord depends in large part on the type of agreement you have. Contractual terms can only be changed with the written agreement of the landlord and tenant.
This list is not exhaustive and the answer to one of them does not necessarily mean that a person is a boarder or tenant or not! In general, a “tenant” is someone who occupies part of the premises but whose profession/residence is still under the control of the landlord.