Room share rorts a rising problem in WA

Western Australia’s Consumer Protection body has issued a warning to boarders and lodgers to be aware of their rights as WA’s housing crisis deepens.

The Commissioner for Consumer Protection said rising rents and a lack of available homes had prompted many Western Australians to seek out share houses as a way of keeping a roof over their heads at a price they can afford.

“Before taking on a housemate, or becoming one yourself, it’s crucial that everyone understands the arrangement they have agreed to, as the law applies differently to boarders and lodgers than it does to co-tenants or sub-tenants,” the Commissioner said.

“If you pay rent to stay at someone else’s house, then you’re likely to be considered a lodger.

“If meals are supplied too, you’re probably a boarder.

“Because neither boarders nor lodgers are technically considered ‘tenants’, they aren’t covered by the Residential Tenancies Act 1987 (which protects co-tenants and sub-tenants), but instead have rights under both common law and the Australian Consumer Law (ACL).”

The Commissioner said under Australian Consumer Law, a property must be fit for purpose, “meaning it must be safe, habitable and meet your needs as discussed with the landlord at the beginning”.

“Should a major problem arise with your boarder or lodger arrangement – such as a serious issue (or a series of smaller issues) that would’ve stopped you moving in – the landlord must fix the issue in a reasonable time.”

Landlords are not allowed to make false or misleading promises about the property, such as claiming to have heating or air conditioning when it does not, and changes to services or costs must be communicated correctly.

“If you have a problem with the property or the services provided, contact your landlord directly in the first instance to give them the opportunity to fix the problem.

“If this doesn’t work, we may be able to help negotiate an agreed outcome.”

The Commissioner urged people to contact the department if they had any concerns.

If you are not sure whether you are a boarder, lodger, co-tenant or sub-tenant, contact Consumer Protection to discuss.

“In some circumstances it may be necessary for a court to make a binding decision about which one you are.”

Find our more via consumer@dmirs.wa.gov.au or call 1300 30 40 54.

Have you experienced a share house nightmare? Share your experience with us via editorial@busseltonmail.com.au