Marginal rental

Marginal rental is residential rental accommodation that is not covered by residential tenancies legislation (such as the Residential Tenancies Act 2010(NSW) (the RT Act 2010), the Residential (Land Lease) Communities Act 2013(NSW) (the RLLC Act 2013), the Landlord and Tenant (Amendment) Act 1948(NSW) or the Boarding Houses Act 2012 (NSW) (the BH Act). Marginal renters include:

  • Boarders and lodgers (excluded from the RT Act 2010 by section 8(1)(c));
  • Residents of refuge or crisis accommodation (section 8(1)(d) and Residential Tenancies Regulation 2010 (NSW) (the RT Reg 2010), clause 14);
  • Occupants of shared households, where they do not have a written agreement (section 10); and
  • Students in residential colleges and halls of residence in educational institutions (RT Reg 2010, clause 20).

If you are a marginal renter, you still have a contract with your accommodation provider, with legal rights and obligations, but the contract is governed primarily by the common law.

Some marginal renters, however, may have some additional rights and remedies under legislation for consumers generally. Because this legislation does not refer to marginal renters specifically, and because its application to marginal renters is largely untested, it is difficult to say with certainty how these remedies may apply in any particular case.