Boarding houses act 2012 pdf

Step 3 investigation when access is provided, council staff will interview the lodgers, owners and nearby residents. The act commenced in 20 and aims to establish a regulatory framework for boarding houses to ensure that boarding house residents are provided with adequate protection and living standards. During the investigation of the building and property staff may collect photographic. Draft regulation under the boarding houses act 2012 pdf. Boarding houses act 2012 as at 31 october 2018 act 74 of 2012 table of provisions long title part 1 preliminary 1. This would be cognate with other legislation in nsw such as the boarding houses act 2012 nsw which contains objects specific to the operation of assisted boarding houses. The boarding house is not to offer any alternative type of accommodation or be used for any purpose other. Recent changes include the healthy homes standards and residential tenancies amendment act 2019. The act requires proprietors of registrable boarding houses to register with fair. Assisted boarding house an assisted boarding house means any of the following. Boarding houses act 2012 what the boarding houses act 2012 covers the boarding houses act 2012 the act applies to certain types of boarding premises. Boarding houses act 2012 provides a comprehensive, contemporary and robust legislative framework for the regulation of boarding houses in nsw central registration of all registrable boarding houses with nsw fair trading, common accommodation standards, mandatory inspections by local councils, the.

Nsw boarding houses new laws and rules 20 book 4 rights. Boarding houses application page 6 orders under the boarding houses act 2012 an application to ncat should request at least one of the orders below. Boarding houses act 2012 as at 31 october 2018 act 74 of 2012. If the premises is covered by the act, the premises are known as a registrable boarding house. A resident is entitled to live in premises that are. Licensees, approved managers and staff of assisted boarding houses. As a tenant you have rights under the residential tenancies act 2010 and residential tenancies regulation 2019. If you want to operate a boarding house youll need to register with nsw fair trading. Background relevant law or resources the boarding houses act 2012 bha was passed in october 2012 as a wholeofgovernment response to concerns about the rights and safety of people living in boarding houses. Boarding houses act 2012 sect 4 definitions 4 definitions 1 in this act.

Prior to the boarding houses act 2012 the bh act, assisted boarding houses were known as licensed boarding houses or licensed residential centres lrcs, and were regulated under the youth and community services act 1973 nsw the yacs act. A general boarding house has five or more paying residents. Boarding houses act 2012 sect 5 meaning of registrable. We particularly recommend the experiences of tenants advice and advocacy. An order that requires an action in performance of the occupancy principles. Boarding houses act 2012 schedule 2 schedule 2 savings, transitional and other provisions part 1 general 1 regulations 1 the regulations may contain provisions of a savings or transitional nature consequent on the enactment of this act or any act that amends this act. Tunsw report on 5 years of the boarding houses act 2012 tenants. Chapter 1 preliminary 1 name of act this act is the boarding houses act 2012.

It explains the ins and outs of the boarding houses act 2012 as well as other laws that can apply to boarding houses. Tunsw report on 5 years of the boarding houses act 2012. Renting in a boarding house if you rent a room in a boarding house, you may be covered by the boarding houses act 2012. This report presents findings on the implementation of the act, as well as resident outcomes in relation to rights and standards and wellbeing, based on a longitudinal dataset from 20142017.

All boarding houses must comply with the healthy homes standards by 1 july 2021. In october 2012, the parliament of new south wales nsw passed the boarding houses act 2012 nsw, as a central part of its bid to strengthen and comprehensively regulate boarding houses in nsw. This evaluation has both process and outcomes components, and draws on p rogram logic. In october 2012, the parliament of new south wales nsw passed the boarding houses act 2012 nsw, as a central part of its bid to strengthen and regulate boarding houses in nsw.

These are discussed separately at the end of this section. This factsheet explains the rights of residents of registrable boarding houses under the boarding houses act 2012. Boarding houses act 2012 as at 31 october 2018 act 74. Nsw boarding houses act 2012 in schedule one is a list of occupancy principles applicable to all registrable boarding houses in nsw.

The boarding houses bill 2012 was passed by the nsw parliament in october 2012. A rental agreement section 27 of the boarding houses act 2012 the bh act that is, a residential tenancy agreement under the residential tenancies act 2010 the rt act or in very limited circumstances, agreement under the landlord and tenant amendment act 1948 the lta act see section on protected tenants. Under the boarding houses act 2012, all boarding houses must be registered with nsw fair trading. An act to provide for the registration and regulation of certain boarding houses and the licensing and regulation of assisted boarding houses. Current version for 31 october 2018 to date accessed 9 may 2020. Reviews of decisions made under the boarding houses act 2012. Boarding houses act 2012 bh act and boarding houses regulation 20 bh regulation. Boarding house landlords also need to stay up to date with changes to tenancy law. Boarding houses act 2012 sect 5 meaning of registrable boarding house 5 meaning of registrable boarding house 1 for the purposes of this act, a registrable boarding house means any of the following. Boarding houses act 2012 no 74 current version for 31 october 2018 to date accessed 9 may 2020 at 20. Boarding houses act 2012 guide for councils 1 boarding houses act 2012 guide for councils role and powers of local councils a. Boarding houses bill 2012 property owners association. Her excellency the governor, with the advice of the executive council, has made the following regulation under the boarding houses act 2012.

The boarding houses act 2012 introduced regulations and protections for residents of boarding houses, but it doesnt apply to everyone. Plan of management boarding house 406 abercrombie st. What places are and arent covered by the boarding houses act. If you live in a registrable boarding house, you may have either. As at march 20, the bh act is only partly commenced. Whether you are a boarderlodger or a tenant will depend on how much control the landlord or livein manager or caretaker has over the premises. Provisions relating to the registration of boarding houses commenced 1 january 20. All boarding houses shall be subject to annual fire safety and compliance inspections by council. However to reflect the terminology used by nearly all residents, proprietors and agency workers, the term rent. The boarding houses act 2012 provides a legislative framework for the regulation of boarding houses in nsw.

Anyone boarding in registered boarding houses must have an occupancy agreement with the managerowner. The boarding houses act 2012 nsw boarding houses act, identifies boarding premises as premises which. Please read this information before completing the application form. The law is the houses act 2012 and boarding houses regulation 20. To establish a framework for registering particular types of boarding houses. The boarding house act 2012 bh act sets out registration requirements and occupancy principles for registrable boarding houses as defined under the bh act to ensure delivery of quality accommodation services and protection of the wellbeing. The boarding houses act 2012 the act applies to certain types of boarding. Executive summary this is the second interval report for the five year evaluation of the boarding house s act 2012.

Boarding houses and the law is a legal guide for people living in boarding houses in nsw. Please note that within twelve months of initial registration of a boarding house or reregistration if the facility has been unregistered for a period of time a local government representative is required to inspect the facility to ensure that it meets the requisite standards as a place of shared accommodation. This report presents evidence that has been gathered to date in relation to the implementation of the act. Relationship of act with other laws part 2 registration of boarding houses division 1 introductory 7. This report presents evidence that has been gathered to date in relation to the implementation of the act, as well as the outcomes for residents and the sustainability of the boarding house sector. Boarding houses act 2012 id item delegated conditions and limitations delegate 68199 general delegation all functions under the boarding houses act 2012 exercise of all functions of council under the act that may be legally delegated. Part 1 preliminary 1 name of act this act is the boarding houses act 2012. The report finds that while the act was an historic step forward which has brought some improvement, it has not created the real change needed for the residents of boarding houses in our state. If you live in a boarding house and you do not have a residential tenancy agreement then these 12 principles set out your basic entitlements as a resident. Supplied with cupboards, kitchen sink, food preparation benches and cooking facilities plus tables and chairs in a central location accessible to all residents.

Standard occupancy agreement pdf opens in new window acts name. The premises may be a house or flat, or a complex of premises. The act and the second reading speech are available on the nsw fair trading website. This is the second interval report for the five year evaluation of the boarding houses act 2012. The boarding house is to operate as a registrable boarding house for the purposes of the nsw boarding houses act 2012 and the operation of the boarding house is to be in compliance with that act at all times. Submission to nsw department of customer service better regulation. Refer to the relevant section of the boarding houses act 2012 for more details. The boarding houses act 2012 and boarding houses regulation 20 establish a regulatory framework, including a system of licensing and registration for boarding houses which, if adapted and applied to brothels, would provide information and powers that would be helpful. Boarding houses act 2012 schedule 1 schedule 1 occupancy principles section 30 1 1 state of premises. Boarding houses act 2012 sect 30 occupancy principles. Residential tenancies acts of 1987 and 2010, the residential parks act 1998, the residential land lease communities act 20 and the boarding houses act 2012. Draft part 17 boarding houses city of campbelltown. Boarding houses act passed giving residents of boarding houses occupancy rights for the first time excerpted from the tunsw boarding houses education project evaluation report. An assisted boarding house means any of the following.

Boarding houses fact sheet what is a boarding house. An order to stop any action that breaches the occupancy principles. Boarding houses 4 wollongong development control plan 2009 a. A residential tenancy agreement lease under the residential tenancies act does not apply to boarders in boarding houses. Boarding houses act 2012 and other pieces of legislation including environmental planning and assessment act 1979, local government act 1993, state environmental planning policy affordable rental housing 2009 and their associated regulations. Boarding houses regulation 20 under the boarding houses act 2012 s201249194. Section 1 boarding houses act 2012 no 74 part 1 preliminary the legislature of new south wales enacts. The report finds that while the act was an historic step forward which has brought some improvement, it has not created the change needed for the residents of boarding houses in our state. An assisted boarding house has two or more residents with special needs. An order for payment or partpayment of occupancy fee to ncat until the dispute is resolved. Tenants rights factsheet 27 boarding houses act 2012. The introduction of the boarding houses act 2012 the act represented a major reform to the boarding house sector with its key purpose being to protect the rights of residents living in all boarding houses. The same rules apply to each class of registrable boarding house, with additional rules for assisted boarding houses.