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In a boarding situation, a person rents a room in a home, and lives with the home owners.

The boarder and home owner have a private agreement, which covers the products and/or services the owner is to provide in exchange for rent. Such agreements do not fall under the Residential Tenancies Act 1997 (the Act), but may fall under certain provisions of the Australian Consumer Law. For more information, view our Contracts page.

However, a boarder and home owner may sign a tenancy agreement for rented premises. In this case the boarder becomes a ‘tenant’ under the Act and the home owner a ‘landlord’. Each then has the same rights and duties under the Act as in other tenancy situations.