Practical Law Lodger Agreement

Under common law, a tenant`s right to occupy premises is granted under an agreement called a licence. A tenant`s license is a contract, no more and no less. The terms of this contract are those for which the tenant and the lessor have negotiated; in practice, this means that the conditions are set by the owner. The agreement you have is very limited because you thought it was a simple license, so you cannot protect the usual conditions that normally protect an owner in an AST. As a result, your tenant is not required to make repairs or perform other obligations. He or she will have to destroy the place before you can get him out. On this page you will find more information about accommodation and check out the rules governing the reception of a tenant. In the event of a breach of a contractual clause, the main means of recourse under the common law are termination or compensation for the losses suffered by the victim (hereafter: damages and interest). Claims for damages can be invoked in court (usually NSW Local Court, but larger claims are filed with the NSW District Court or the NSW Supreme Court). If you want some execution of the agreement (for example. B an order that the lessor allows you to occupy the premises), you can ask the Supreme Court, but beware: the Procedure of the Supreme Court can be very expensive and this remedy is very difficult to obtain. When you rent individual parts, it`s a difficult call. It depends on the actual regulations, but the Court of Justice has tended in recent years to prefer an AST – that is what you should do.

This means that there are no circumstances under which you can use a license agreement safely for student accommodation. We have a longer article on how best to rent a room that provides a more detailed explanation. If you are a tenant or live in a condominium, you should check your rental agreement to determine if there are conditions for welcoming a tenant. You may need to get the lease first. A tenant is someone who lives with you in your home and shares with you a living space, such as the bathroom or kitchen. You may have their “own” room, but they live in your home with your permission and have agreed that they are not allowed to exclude you from their room or part of your home. If you need a permit before you can accommodate a tenant or if you are not allowed to accept a tenant, but you are still allowed to do so, your landlord or lender can take action against you if they find out.