Unlawful Tenancies: Boarding Houses, Minor Dwellings, Sleepouts

The Residential Tenancies Act applies to most rental arrangements, but there are specific requirements that must be met. The dwelling must be used primarily as a place of residence, and tenants must have exclusive use of sleeping facilities and reasonable access to cooking, laundry, and sanitary facilities.

The Act covers houses, flats, apartments, and units, but the situation becomes more complex with non-standard dwellings. Factors like shared facilities, the level of services provided by landlords, and the physical characteristics of the dwelling all influence whether the Act applies.

When a tenancy is covered by the Act, tenants benefit from standardised tenancy agreements, proper notice periods for termination, bond protection, and access to the Tenancy Tribunal for dispute resolution. Without this coverage, tenants have significantly fewer protections and limited recourse when problems arise.

Boarding houses typically fall outside the Residential Tenancies Act because they involve shared facilities and often include services like meals, cleaning, or linen provision. The key distinction is whether you have exclusive use of your living space and facilities, or whether you're sharing with other tenants in a more communal arrangement.

In a true boarding house situation, you usually share kitchens, bathrooms, and common areas with other residents. The landlord or manager often provides additional services beyond just accommodation, such as cleaning common areas, providing meals, or maintaining shared facilities. These arrangements are generally governed by different rules and offer fewer tenant protections.

However, the line can be blurry. If you have your own room with a lock, exclusive use of certain facilities, and minimal shared services, your arrangement might still qualify for protection under the Act. The specific circumstances of your living situation determine which rules apply, making it important to understand the details of your arrangement.

Sleepouts, granny flats, and other minor dwellings can be covered by the Residential Tenancies Act if they meet specific criteria. The dwelling must be self-contained with adequate sleeping, cooking, and sanitary facilities. It should also have proper building consent and meet health and safety standards.

Many sleepouts and converted garages lack proper facilities or building consent, which can make them unlawful tenancies. Common issues include inadequate insulation, no proper kitchen facilities, shared or substandard bathroom access, or buildings that don't comply with the Building Code. These deficiencies not only affect legal protection but can also create health and safety risks.

The Healthy Homes Standards also apply to minor dwellings covered by the Act, meaning they must meet requirements for heating, insulation, ventilation, moisture control, and drainage. If a sleepout or minor dwelling doesn't meet these standards, it may not qualify for legal protection, leaving tenants vulnerable.

Even if a minor dwelling has building consent, landlords must ensure it meets all current standards before renting it out. Tenants should verify that proper consents exist and that the dwelling meets basic habitability requirements before entering into any rental agreement.

Several warning signs can indicate that your tenancy may not be covered by the Residential Tenancies Act. These include shared kitchen or bathroom facilities with other tenants, lack of proper cooking facilities, buildings without building consent, or arrangements where the landlord provides significant services beyond basic accommodation.

Unlawful tenancies often involve substandard accommodation that doesn't meet basic health and safety requirements. This might include converted garages without proper insulation, sleepouts without adequate bathroom facilities, or rooms in houses where multiple unrelated tenants share all facilities without exclusive use of any areas.

Another red flag is when landlords refuse to provide proper tenancy agreements or avoid lodging bonds with Tenancy Services. They may also insist on cash-only payments, refuse to provide receipts, or claim that normal tenancy rules don't apply to your situation.

The physical condition of the property can also indicate problems. Buildings that appear to lack proper consent, have obvious safety issues, or don't meet basic habitability standards may not qualify for protection under the Act. If you're unsure about your situation, it's worth having a professional assessment of both the legal and physical aspects of your tenancy.

Living in an unlawful tenancy can have serious consequences for tenants. Without protection under the Residential Tenancies Act, you may face sudden eviction with minimal notice, have no access to the Tenancy Tribunal for dispute resolution, and find it difficult to recover bonds or seek compensation for problems.

Landlords of unlawful tenancies often take advantage of tenants' vulnerable position. They may demand excessive rent for substandard accommodation, refuse to carry out necessary repairs, or terminate tenancies without proper notice. Tenants have limited legal recourse in these situations, making it difficult to enforce their rights or seek compensation.

The lack of proper dispute resolution mechanisms means that conflicts with landlords can escalate quickly without formal processes to resolve them. This can lead to situations where tenants feel forced to accept poor conditions or unfair treatment rather than risk losing their accommodation entirely.

From a practical perspective, unlawful tenancies often involve substandard accommodation that may pose health and safety risks. Poor insulation, inadequate heating, moisture problems, or unsafe electrical installations are common in properties that don't meet legal standards for rental accommodation.

Even when tenancies fall outside the Residential Tenancies Act, landlords still have some obligations under other laws. Consumer protection legislation, building codes, health and safety regulations, and local council bylaws may still apply to rental arrangements.

Landlords cannot completely avoid their responsibilities by claiming their properties are unlawful tenancies. They must still ensure that accommodation meets basic health and safety standards, provide safe electrical installations, and comply with building consent requirements where these exist.

However, the enforcement of these obligations can be more difficult without the clear framework provided by the Residential Tenancies Act. Tenants may need to pursue complaints through different agencies, such as local councils for building code violations or health departments for safety issues, rather than having a single point of contact through Tenancy Services.

Some landlords deliberately structure their rental arrangements to avoid the Residential Tenancies Act while still charging market rents. This practice can be challenged, particularly where the arrangement functions like a standard tenancy despite being labelled differently. Legal advice can help determine whether such arrangements should actually be covered by the Act.

If you discover you're in an unlawful tenancy, you have several options depending on your specific situation. The first step is to document your living arrangements, including the facilities available, services provided, and any agreements you have with the landlord.

You may be able to argue that your arrangement should actually be covered by the Residential Tenancies Act if it functions like a standard tenancy despite being labelled differently. This requires careful analysis of the specific circumstances and may need legal support to pursue effectively.

Alternative legal avenues may be available through consumer protection laws, local council regulations, or health and safety legislation. While these don't provide the comprehensive protections of the Residential Tenancies Act, they may offer some recourse for specific problems like unsafe conditions or unfair practices.

In some cases, the best option may be to find alternative accommodation that clearly falls under the protection of the Residential Tenancies Act. While this isn't always immediately practical, it provides long-term security and legal protection that unlawful tenancies cannot offer.

The best approach to unlawful tenancies is prevention through careful assessment before entering any rental arrangement. Before signing any agreement or paying money, verify that the property has proper building consent, meets basic health and safety standards, and qualifies for protection under the Residential Tenancies Act.

Ask specific questions about the facilities available, whether you'll have exclusive use of certain areas, and what services the landlord will provide. Be wary of arrangements that seem too good to be true or where landlords are evasive about the legal status of the tenancy.

Insist on proper documentation, including a written tenancy agreement that complies with the Residential Tenancies Act requirements. Legitimate landlords should be willing to lodge bonds with Tenancy Services and provide proper receipts for all payments.

If you're looking at non-standard accommodation like sleepouts or converted buildings, consider having them professionally assessed before committing to a tenancy. This can help identify potential problems and ensure you understand exactly what legal protections you'll have as a tenant.