Generally, the owner retains control of the premises, with the lodger or boarder having restricted rights. In either case a boarder or a lodger is not afforded the protection of the Residential Tenancies Act SA [s 5 b ].
Similarly, lodgers of a tenant have no rights against a landlord. Problems often arise where a landowner shares premises with another. While there is no presumption that a person sharing a house with the owner is not a tenant, it may be difficult to establish a tenancy without proof of exclusive occupation over a long period. To determine whether a lease or licence situation has arisen it is important to look at the intention of the parties and whether there is evidence of control over the property.
A written agreement between the parties is not essential but may help avoid and resolve any disputes. I think some people were reluctant to tell the nosey-parker enumerator certain details, and happy to think they may have bamboozled Authority. I have a Lodger ancestor on the census, but everyone in the house is so-described, some unrelated, and the street was apparently known for being cheap Lodging Houses.
A child described as a boarder might have been boarded out by the local Board of Guardians. Accuracy in the census, when it occurs, is a nice bonus, not something we should expect. Hi I think many labourers moved from street to street in lodging houses in cities.
I would have thought that it may have been journeyman people as well. A Lodger might just have been some-one there on a temporary basis. As in "a night's lodging" I have a "Boarder" in who was actually the wife's illegitimate son. I've just found him on the Census as the husband's son. Building and Energy Western Australian building services, electrical, gasfitting and plumbing industries. Consumer Protection Develops, enforces and promotes legislation that protects consumers.
Labour Relations State system employment laws and public sector labour relations. WorkSafe Regulation and promotion of safety in general industry. Corporate Freedom of information guidelines, reports, policies, plans, and contact information. Who we assist Announcements Publications Services Other languages. Search: Search. Boarders and lodgers This page is for:. Distinguishing between tenants, boarders and lodgers It is not always easy to distinguish whether a person is a boarder or a lodger, or a tenant or sub-tenant.
Depending on the documents which make up the agreement and the circumstances of your situation, you are more likely to be a boarder or lodger, if you pay rent and: The landlord exerts control and authority over the whole premises, that is the boarder or lodger is entitled to live in the premises but cannot call the place his own.
The landlord provides attendance or services e. The landlord and you only need to give a very short period of notice to leave — see notice to leave information below. If you are not sure whether you are a boarder, tenant, lodger or sub-tenant, or a dispute arises in relation to your living arrangement you can discuss the matter by calling the Consumer Protection contact centre on or contacting one of the agencies listed below. However, in some circumstances it may be necessary for a court to make a binding decision about which one you are.
If you are a boarder or lodger, your landlord may ask you to leave - without any reason - at any time. However they must give you 'reasonable notice' to leave the premises and take your belongings. This may have been agreed to before you moved in - check any written agreement you may have.
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