Occupancy agreements

An occupancy agreement is an agreement under which the proprietor of a registrable boarding house grants you the right to occupy, for a fee or reward, one or more rooms in the boarding house as a resident.

Your occupancy agreement will set out the occupation fee (rent) you must pay, when payment is due, and other terms in compliance with the ‘occupancy principles’ set out in the Boarding Houses Act 2012 (the BH Act).

This is new

Prior to the BH Act, there was no legislation relating to occupancy agreements or occupancy principles.

Written occupancy agreements

You are entitled to a written occupancy agreement (section 28(1)). It is the proprietor’s responsibility to put the agreement in writing (section 28(1)). If they don’t, you still have a valid occupancy agreement (section 27), and you can apply to the NSW Civil and Administrative Tribunal (NCAT) for an order that the landlord put the agreement in writing, in specified terms (section 33).