|
|
 |
| •
What is my legal position? |
| •
Your rights and responsibilities as a tenant |
| •
Tips for avoiding legal problems |
| •
The different tenancy relationships - pros and cons |
| •
Going to the Consumer, Trader and Tenancy Tribunal |
| •
The bond |
The legal position of people
living in share housing is often not clear and will depend on
the particular circumstances of every house. There are three
different relationships possible between flatmates.
Click
here to figure out what tenancy relationship
you are in
- - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - -
1. Co-tenancy
Legally, this is where two or more tenants sign the residential
tenancy agreement (usually called a lease). As the lease is
the agreement between the landlord and tenants, each of these
cotenants is both jointly and individually responsible for paying
the rent and bond and for any damage to the house. This means
that any one of these co-tenants can be held wholly liable for
any debt owed to the landlord.
Even if your name is not written on the lease, you may still
be recognised as a co-tenant if it can be proved that you have
taken on the legal responsibilities of a tenant. One way this
could happen is if the original tenants have moved out, no-one
in the house has their name on the agreement now, and the landlord
has been told this and still accepts rent from you.
If your name is not on the lease, generally the issue will be
whether you are a subtenant or a boarder or lodger.
2. Head tenant/subtenant
In this situation the subtenant enters a written or oral agreement
with the head tenant (the person whose name is on the lease)
to have exclusive use of a room and to share other facilities
equally. The head tenant must have the landlord's permission
to sub-let and the landlord can refuse to allow sub-letting
even though the landlord has no reasonable grounds for doing
so.
The relationship of a subtenant with a head tenant is legally
identical to a tenant with a landlord, that is, you pay rent
to the head tenant and they must give you rent receipts and
ensure repairs are carried out etc. It also means they can issue
you with a notice of termination if they want you to move out
- and you can take them to the Tribunal if they fail to meet
their responsibilities as head tenant in the household.
As a subtenant, you do not have a direct relationship with the
owner of the property or real estate agent. This means that
if the landlord gives your head tenant notice of a rent increase
or termination, the head tenant must in turn give you notice
in writing. The notice period will begin from the date you receive
written notice from your head tenant.
Often in share households flatmates don’t lock their rooms
but bedrooms are recognised as private spaces which the other
flatmates do not enter without permission. If this is the understanding
in the household, you have what is known as 'exclusive possession'
of your room. This could be used as evidence to prove you are
a subtenant if there is a dispute about your tenancy status.
3. Boarder or lodger
If the landlord keeps overall control of the house, including
your room, then you are likely to be a boarder or a lodger.
The most typical situation is of course hostels and boarding
houses, where you rent a room and can use common facilities
but generally have no say in the overall running of the establishment.
You might also be considered a boarder or lodger if you rent
a room in an owner-occupied house, or in a place run by a head
tenant who takes full responsibility for the house (for example
providing furniture, paying all bills etc).
If you receive services from your landlord such as cleaning,
washing or providing linen, this may mean you are a lodger.
However, it is not necessary to receive these services to be
classified as a lodger.
If your landlord provides meals, you would be classified as
a boarder with the same rights (or lack of them) as a lodger.
Boarders and lodgers are not covered by the Residential Tenancies
Act (RTA) and have virtually no protection under the law. For
example, they can be evicted with very little notice and do
not have the right to apply to the Consumer, Trader and Tenancy
Tribunal to protect their housing. However, though boarders
and lodgers are specifically excluded from the Residential Tenancies
Act, the Act does not actually define what a boarder or a lodger
is. Consequently, some residents of boarding houses and share
houses have been able to establish before the Tribunal they
were tenants and gain the protection of the RTA. If you are
unsure of your tenancy status please contact your local tenancy
service (See Contact
Points).
 |
|
|
