If you live in a registrable boarding house, you may have either:
- A ‘rental agreement’ (section 27 of the Boarding Houses Act 2012 (the BH Act)) – that is, a residential tenancy agreement under the Residential Tenancies Act 2010 (the RT Act) (or in very limited circumstances, agreement under the Landlord and Tenant (Amendment) Act 1948 (the LTA Act) - see section on 'Protected tenants' in Other types of tenants); or
- An occupancy agreement under the BH Act.
If you do not have a rental agreement, you will have an occupancy agreement.
If you live in a boarding house that’s not a registrable boarding house, you’ll have either a residential tenancy agreement or a common law lodging licence.
If you’re not sure of your legal status, consider the possibilities in the following order:
1. Am I a tenant? See the discussion of the distinction between tenants and lodgers in the Marginal rental section. If you fit the definition of a tenant, you’re a tenant with a rental agreement. Note that if you are a caretaker in a boarding house, you are taken to have a residential tenancy agreement – that is, you are assumed to be a tenant unless proven otherwise (RT Act 2010, section 9).
If, on the other hand, you’re a lodger, consider question 2.
2. Am I a resident of a registrable boarding house? See the discussion of ‘what is a registrable boarding house’, above. If you’re not a tenant (that is, you’re a lodger) and the premises fit the definition of a registrable boarding house, you’re a resident with an occupancy agreement.
If, on the other hand, you’re not a tenant and the premises are not a registrable boarding house, go to 3.
3. I’m a lodger with a common law lodging licence. See Marginal rental section.