Knowing whether you’re a tenant, boarder, or lodger isn’t just about labels. It can make a big difference to your rights and responsibilities. While tenants are covered by Western Australia’s tenancy laws, boarders and lodgers usually rely more on the terms of their agreement.
The tricky part is that the difference isn’t always obvious, and it comes down to the details of your living situation. Knowing what to look out for, and what questions to ask before you move in, can help you avoid headaches later on.
You’re probably a boarder or lodger if you’re living in someone else’s home and they’re still in charge of the space. This means the landlord, or someone they appoint, is living there with you, setting the house rules, and being able to come into your room or shared areas.
If the landlord also throws in extras like meals, cleaning or laundry, then you’re a boarder. Otherwise, you’re considered a lodger.
While the Residential Tenancies Act doesn’t apply to your living situation as a boarder or lodger, you do have rights and protections under both common law and the Australian Consumer Law (ACL).
The property must be fit for purpose, meaning it must be safe, clean and meet your needs as discussed with the landlord at the beginning.
You should be able to use your room and facilities without too much disturbance from the landlord and you can expect your room and belongings to be safe and secure.
Any meals or services included in your agreement must meet consumer guarantees, such as be provided with care and skill.
Your responsibilities should be covered in your written agreement. Generally, you will need to follow house rules, keep your room clean and tidy, pay your rent on time and give around one week’s notice if you plan to leave.
Before you consider this living arrangement, there are some questions you might want to ask before moving in. Make sure you understand what is included in your rent, who else lives at the property, is there a safe place to park and who is responsible for cleaning common areas. House rules will differ between properties so make sure they are rules you can live with.
The landlord is also not allowed to make false or misleading representations about the property or services, such as claiming there is air-conditioning when there isn’t, or agreeing to provide a wide variety of meals when they don’t.
Ensure you understand and agree to all the terms before you sign an agreement. You and your landlord can make changes to the agreement if you both agree in writing. Importantly, always keep a copy of the signed written agreement.
Be aware that as a boarder or lodger, the landlord can end your agreement at any time, unless otherwise stated in your agreement. They also don’t have to give a reason to ask you to leave. You should be given reasonable notice, which means you have time to collect your belongings.
If you don’t have a written agreement with your landlord and there is a dispute, it will be up to a Magistrate to decide whether you’re a tenant, boarder or lodger. This is why it’s important to make sure you get a copy of your signed agreement.
If you have a problem with the property or the services provided, contact your landlord directly in the first instance to give them the opportunity to fix the problem. If this doesn’t work, we may be able to help.
If you are not sure whether you are a boarder, lodger or a tenant, or you have issue that can’t be resolved contact Consumer Protection 1300 30 40 54 to discuss or check out the helpful factsheet online.