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Do you pay rent, but are not a tenant?....

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... are you in student accommodation, or a caravan park, a boarding house, or boarding in someone's home?

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You have rights.  Check what they are.

 

IMPORTANT NOTE: The information provided is based on the current state of ACT tenancy law and details may change. While every effort has been made to ensure the information on this site is up-to-date it is not a substitute for specific legal advice on complex matters.

Please take note of when the page was last updated.

If the information here does not apply to your specific situation we suggest you seek expert assistance and advice

 

 

 

 

The law

In March 2005, occupancy agreements were introduced into the ACT. The law means that people who do not or can not sign tenancy agreements, might have occupancy agreements instead. Those who have occupancy agreements now have some rights, as well as access to the ACT Civil and Administrative Tribunal (ACAT) to resolve disputes.

For more information about what an occupancy agreement is and who has one, click here
 

The Occupancy Principles

While anything can be included in the terms and conditions of an occupancy agreement and its house rules, all occupancy agreements should be consistent with nine “Occupancy Principles”.

These nine principles create certain legal rights for occupants. The Occupancy Principles are set out in section 71E of the Residential Tenancies Act 1997 (RTA):

(1) In considering a matter, or making a decision, under this Act in relation to an occupancy agreement for premises, a person must have regard to the following principles (the occupancy principles) -

(a) an occupant is entitled to live in premises that are -

     (i) reasonably clean:

    (ii) in a reasonable state of repair;

    (iii) reasonably secure;

(b) an occupant is entitled to know the rules of the premises before moving in;

(c) an occupant is entitled to the certainty of having the occupancy agreement in writing if  the occupancy continues for longer than 6 weeks;

(d) an occupant is entitled to quiet enjoyment of the premises;

(e) a grantor is entitled to enter the premises at a reasonable time on reasonable grounds to carry out inspections or repairs and for other reasonable purposes;

(f) an occupant is entitled to 8 weeks notice before the grantor increases the amount to be paid for the right to occupy the premises;

(g) an occupant is entitled to know why and how the occupancy may be terminated, including how much notice will be given before eviction;

(h) an occupant must not be evicted without reasonable notice;

(i) a grantor and occupant should try to resolve disputes using reasonable dispute resolution processes.

(2) If an occupant occupies a mobile home on land in a mobile home park and the mobile home is not provided by the grantor—

(a) the occupancy principle in subsection(1)(e) applies to the land and any fixtures provided by the grantor, but not the mobile home; and

(b) the grantor is entitled to enter the mobile home only with reasonable notice, at reasonable times, on reasonable grounds and for reasonable purposes.

This means that occupants are entitled to;
 

o                                peace and quiet enjoyment. Click here for more detail

o                                reasonable limitations on access to premises by grantor. Click here

o                                notice for rent increases. Click here

o                                minimum standard of repairs for the premises. Click here

o                                be given reasonable notice and grounds for eviction. Click here

o                                have the agreement in writing if it continues for more than 6 weeks. Click here

o                                access to a reasonable dispute resolution process. Click here
 

v   The effect of these principles

In an occupancy dispute, the law states that “the Tribunal must have regard to the Occupancy Principles” s71J. This means that when the Tribunal makes its decision, the Tribunal is likely to adopt a position that interprets the agreement consistently with the Occupancy principles.

However, the occupancy principles are vaguely worded and their scope is unclear. It is difficult to know for certain what the Occupancy Principles require, or when an occupancy agreement is consistent with those Principles.

 v   Other rights for occupants

Dispute Resolution: Signing an occupancy agreement allows occupants (including boarders and lodgers) to go to the ACT Civil and Administrative Tribunal (ACAT) if there is a dispute over the accommodation. Going to the ACAT is much faster and less expensive than the alternative, which is to go to the Small Claims Court. (Click here )

Bonds: Occupants can now also choose to lodge their bond (if required) with the Office of Rental Bonds (ORB). If an occupant lodges bond with the ORB, any dispute about getting the bond back can then also be managed by the ACT Civil and Administrative Tribunal. (Click here ). Going to the ORB is a much easier way of claiming back you board than trying to persuade the grantor to give it back to you!

v   If you would like to see the law that covers you:

Click here to view and download a copy of the Residential Tenancies ACT 1997.
 

 v     If you are making or defending an application to the ACT Civil and Administrative Tribunal:

Click here to visit our ACAT resource page.

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This is a summary of your rights and responsibilities.
If you have a specific problem, you should seek more detailed advice.
The information provided is based on the current state of tenancy law and details may change.
Tenancy Tips © 2009 Tenants' Advice Service
The support of the ACT Government through the Dept. Justice & Community Safety is gratefully acknowledged