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Boarders and lodgers are a special group of home-dwellers in terms of the law. As they are not tenants, they are not covered by the Residential Tenancies Act 1987 but instead have rights under common law provisions.
It is not always easy to distinguish whether a person is a boarder or a lodger, or a tenant or sub-tenant. A tenant is a person who pays rent and in return is granted a right to occupy a residential premises, whether exclusively or not, as long as they are not a boarder or lodger. A tenant is more likely to have exclusive possession than a boarder or lodger. 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. A boarder generally stays at another person's house paying rent with meals supplied by the landlord. A lodger generally stays at another person's house and pays rent but is generally not supplied with meals. The following factors may assist you to determine whether you are a tenant, a boarder or a lodger, however only a court can make a binding ruling about this. Depending on the documents which make up the agreement and the circumstances of your situation, you are more likely to be a boarder or lodger, if you pay rent and: 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 which physically stops the landlord from entering, this does not automatically mean you have exclusive possession of the room. The 'house rules' may state the manager, landlord and/or owner is allowed to come into your room without your permission. It is your responsibility to keep your room clean and tidy and report any damage you have caused other than normal wear and tear. If you are renting all or part of a house from an existing or head tenant, the head tenant 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 a sub-tenant the head tenant becomes your lessor and the agreement between you should be in the prescribed residential tenancy agreement. Even if it is only a verbal agreement you should be provided with Information for tenant with non-written tenancy agreement at the commencement of the tenancy. 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. Be aware there are other factors that may impact on whether you are a sub-tenant or lodger. Each case needs to be determined by looking at the particular agreement reached between the parties. If your employer provides you with a place to live in, you may be a boarder, lodger or tenant, depending on the circumstances. You are likely to be a boarder or lodger if: 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 1987, even if your employment comes to an end. You will need to check your tenancy agreement for any special conditions relating to your employment. Whatever the arrangement, you should put the agreement in writing and make sure it is signed by you and your landlord. If you have a problem with your boarding or lodging arrangements, you should always check the terms of your agreement and first try to resolve it by discussing it with your landlord. If this does not work, you can contact one of the agencies listed below. In some instances, you may be able to take civil action in the Magistrates Court. However, you should seek legal advice first. You should remember if you have failed to meet your responsibilities as a boarder or lodger, your landlord is entitled to take civil action against you. You can contact: Boarders and lodgers – your rights and responsibilities (publication) Distinguishing between tenants, boarders and lodgers
Sub-tenant or lodger?
Work-related arrangements
Put it in writing!
Ending the agreement
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