Is my rental under boarding/lodger or tenancy laws? PLEASE HELP
Hello!!!
I was just wondering if my rental property is actually under tenancy laws as it doesn't meet the strict criteria for 1B houses (which usually are for boarders/lodgers). I suspect my real estate agent opperates under the basis of “Co-living” under an “occupational agreement” and “occupier” By removing the terms “lease” and “tenant” they are stripping away the rights of a typical tenant
Here is a list of aspects/characteristics of my "occupational agreement" and the property/management of it itself:
suggestive of tenancy laws
- Used the tenant APP for rental application where boarders/lodgers are typically not allowed to because they don’t fall under the definition of a Tennant
- We pay for a bond and a contract/ “occupational agreement” (not under bond administrative though)
- We have private dwelling/possession of our bedrooms where property managers are only allowed to come in during rental inspections
- House does not meet requirements for 1b council type house
As the property is signficantly above the 1B threshold of <300m2 (being 856 m²) AND having no notable rooms which are disability accsessible I find it suspcious they are trying to depict themselves as a 1B house (what does disability accsesible mean)? As all bathrooms and toliets are restricted to able-bodied users. Complaint from Tenants that their wheelchair does not fit through the bathrooms.
Suggestive of boarder/lodger laws
- Don’t have meals/ laundry done for us but we do have cleaning services (often very dodgey/poor)
- "occupational agreement" specifically says we are “not under residential tenancy laws” i believe they use this language to avoid taking responsibility of us as tenants??
Mixed
- No forms/reasonable time of notice of agents/manager to enter property but we're given written notice
- Some of the 1B housing criteria is adhered too- fire safety, evacuation diagrams BUT NO disability access, glowing emergency signs or emergency exit signs. No aspect of the house is accessible to disabled indivduals.
- Individual leases with our bonds not adminstered from a 3rd party (they handle them independtely i believe)
- Max 6 unrelated individuals in property