What rights do boarders and lodgers have in NSW?

If you board or lodge in NSW, you are not covered by the main rental law — but you may have real protections under a separate Act depending on how many people live in the property.

Two separate frameworks

NSW residential tenancy law has two main frameworks for people in shared living arrangements.

The first is the Residential Tenancies Act 2010 (the RTA). This Act covers most renters but not boarders and lodgers — by name.

The second is the Boarding Houses Act 2012 (NSW). This Act creates a separate set of rights for people living in larger boarding houses. Whether it applies to you depends on the size of the property.

Understanding which framework applies — or whether neither does — is the most important first step.

Coming change — the Boarding Houses Act is being rewritten

The Boarding Houses Act 2012 is currently being redrafted. Following the NSW statutory review of the Act (tabled in Parliament in August 2020, with 21 recommendations), the NSW Government has stated its intention to replace it with a new Act — provisionally referred to as the Share Accommodation Act — that would cover a broader range of shared living arrangements, including some co-living premises, student accommodation and private lodging.

The Government has indicated that the reforms will consider aligning some occupancy protections (including termination rules) more closely with the Residential Tenancies Act 2010. As of August 2026, no bill has been introduced to Parliament and consultation on the draft is still expected. The existing Boarding Houses Act 2012 continues to apply until a replacement Act commences.

Why the RTA does not apply to you

Under section 8(1)(c) of the Residential Tenancies Act 2010, an agreement under which a person boards or lodges with another person is not covered by the Act. This is a direct, explicit exclusion.

Section 10 of the Act reinforces this in a note: boarders and lodgers are not covered by the RTA.

What does “boarder” and “lodger” mean?

A boarder typically rents a room and receives some services — often meals — from the person they live with. A lodger rents a room but receives no meals or services. In both cases, the owner or main tenant retains a greater degree of control over the property than they would under a standard tenancy.

Because the RTA does not apply, you cannot rely on RTA tenant rights. You have no RTA right to quiet enjoyment (section 50), no RTA limits on landlord entry (section 56), and no access to the Tribunal under the RTA’s tenancy provisions.

The Boarding Houses Act 2012 — a safety net for larger premises

For boarders in bigger premises, the Boarding Houses Act 2012 (NSW) provides a separate framework. It does not replicate the RTA. But it does give you meaningful rights.

The Act applies to registrable boarding houses. Section 5 of the Boarding Houses Act 2012 defines a general boarding house as premises that provide beds, for a fee or reward, for use by five or more residents — not counting any residents who are proprietors or managers of the premises, or relatives of the proprietors or managers.

The word proprietor is used in the Act for the person or entity that runs the boarding house. A manager is defined separately in the Act as an individual responsible for the day-to-day running of the premises. Both roles exist, and each is excluded from the resident count.

General and assisted boarding houses

The Act creates two categories of registrable boarding house.

General boarding houses (covered by Part 3 of the Act) are premises that provide a principal place of residence for residents. This is the most common type and is the main focus of this article.

Assisted boarding houses (covered by Part 4 of the Act) provide accommodation and services to people with disability who need a high level of care. These are subject to additional regulation and licensing requirements beyond what applies to general boarding houses.

What is excluded from the Act?

The Boarding Houses Act 2012 does not apply to: hotels, motels, backpackers’ hostels, serviced apartments, hospitals, nursing homes, retirement villages, residential parks, holiday parks, educational premises, employer-provided housing, and crisis refuges.

If you live in any of these, neither the RTA nor the BHA applies to your arrangement.

Your rights if the Boarding Houses Act 2012 applies

If you live in a registrable boarding house, section 30 of the Act requires the proprietor to comply with a set of 12 Occupancy Principles, which are set out in Schedule 1.

The Occupancy Principles include the following core standards. The proprietor must:

• Keep the premises in a reasonably clean condition
• Maintain the premises in a reasonable state of repair
• Provide accommodation that is reasonably secure
• Allow you quiet enjoyment of the premises (your room and common areas)

Security deposit

The proprietor can ask for a security deposit, but Schedule 1 caps it at two weeks’ worth of your occupancy fee. The proprietor must return it within 14 days of your agreement ending, minus any legitimate deductions.

Notice of fee increases

If the proprietor wants to increase your occupancy fee, they must give you at least four weeks’ written notice before the increase takes effect.

Occupancy agreements

The Boarding Houses Act 2012 provides for occupancy agreements — the formal term for your contract with the proprietor. Your agreement can be written or unwritten, but you are entitled to ask for a written copy. NSW Fair Trading publishes a standard occupancy agreement template for general boarding houses.

Termination notice

Schedule 1 (occupancy principle 10) requires the proprietor to give you reasonable written notice before eviction. The Act does not set a fixed notice period in days or weeks — what is “reasonable” depends on the circumstances. A very short notice may be reasonable if there is a serious safety issue; a longer notice would be expected if the proprietor simply wants to renovate.

You are also entitled to know in advance why and how your agreement can be terminated, and you can dispute a termination you believe was improper.

How disputes are resolved under the Boarding Houses Act 2012

Under section 32 of the Act, if the proprietor breaches your occupancy agreement or the Occupancy Principles, you can apply to the NSW Civil and Administrative Tribunal (NCAT).

Boarding house disputes are heard in NCAT’s Consumer and Commercial Division — not the tenancy division. This is different from where an RTA tenant would go. Make sure you apply to the correct division.

NCAT can make orders requiring the proprietor to:

• Stop breaching your agreement or the Occupancy Principles
• Take action to fix a breach (for example, carry out repairs)
• Pay you compensation for any loss caused by the breach

What to prepare before applying

Gather as much documentation as you can. This includes: a copy of your occupancy agreement (written or unwritten details), records of any payments you have made, photographs of any issues with the premises, and written records of any complaints you have raised with the proprietor.

What if you are NOT in a registrable boarding house?

If the property you live in has fewer than five residents, it is not a registrable boarding house. The Boarding Houses Act 2012 does not apply.

In this situation — for example, a small share house where you board with one of the tenants — your arrangement is governed by common law contract. This means your agreement (written or verbal) is still legally binding. You can enforce it through the courts.

Depending on the nature of the dispute and the amount of money involved, you may be able to bring a claim in the Local Court or in NCAT’s Consumer and Commercial Division (as a general consumer matter rather than under the BHA).

Anti-discrimination law also still applies to your situation regardless of the type of accommodation. A proprietor or host cannot refuse to accommodate you or treat you differently based on protected attributes such as race, sex, disability, or religion.

If you are unsure whether your boarding contract is enforceable or what a court might consider fair, getting independent legal advice is worthwhile.

Am I a boarder, or am I actually a tenant?

The label used in your agreement does not necessarily determine your legal status. A court or NCAT looks at the substance of the arrangement — what rights you actually have, not what you are called.

Key questions include: Do you have exclusive use of your room? Does the owner live at the same property? Do you share facilities like a kitchen or bathroom with the owner? How much control does the owner keep over the space?

If you have exclusive occupation of a self-contained space and pay rent for it, you may well be a tenant under the RTA — even if you were told you are a “boarder.”

Under section 11 of the Residential Tenancies Act 2010, NCAT can make a formal declaration about whether your agreement is a residential tenancy agreement to which the Act applies. This is a useful power if your status is genuinely uncertain and is affecting your rights.

If you want more detail on the difference between co-tenants, sub-tenants, and boarders — and how courts draw the line — that topic is covered in a separate article in this series.

Not sure if you’re a boarder, a tenant, or something in between?

Ask RentWiz — our free AI tool answers your specific NSW tenancy question using the actual Act and Regulation. Try it now →