Disputes between boarding house tenants

Boarding house tenants should be able to enjoy living in the boarding house without unreasonable disruption from other tenants.
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In any setting where a number of people are living closely together there’s a chance of conflict. In a boarding house there’s the added dynamic that tenants commonly move in independently, so they don’t know each other and, given the choice, may not have decided to live together.

Boarding house tenants must follow the house rules

The house rules that are set by the landlord are about keeping order in the boarding house. They are commonly about the use of the premises, in particular the shared facilities, and about the expected standards of behaviour of the tenants.

Tenants must observe the house rules (s 66K(1)(e) RTA) and respect the quiet enjoyment of the premises of other tenants (s 66G(3) RTA).

Solving problems with other boarding house tenants

Where possible, a tenant should try to take the issue up directly with the other person in the boarding house to explain what the problem is and see if they can solve the issue. For example, if it's a situation of being too noisy late at night, it might just be about giving a friendly reminder to keep it down.

If the issue is more serious or can’t be resolved by talking to the other person, a boarding house tenant who is being disturbed or harassed by another tenant can ask the landlord to take action. The boarding house landlord has a responsibility to not “cause or permit” any interference with the reasonable peace, comfort, or privacy of the tenant (s 66G(2) RTA).

If a boarding house tenant has an issue with other tenants, it’s helpful if they have evidence of the problematic behaviour. For example, they should take detailed notes of what happened and when, and take photos of any physical evidence such as damage to property. Other tenants may also be willing to make a statement about what happened. This evidence can then be given to the landlord to ask them to take action to stop the behaviour, and can also be useful if the matter goes to the Tenancy Tribunal.

Role of boarding house landlords

Boarding house landlords need to treat tenants fairly and in accordance with their legal obligations. The landlord needs to consider what both parties are saying and it may be a matter of one tenant’s words against the other.

It’s unlikely that a boarding house landlord would be deemed to “cause or permit” interference with a tenant’s quiet enjoyment of the premises if the landlord takes reasonable and appropriate steps to respond to the issue. In some cases, especially if the landlord doesn’t have clear evidence of what has happened, this might just mean asking the people involved to stop any inappropriate behaviour, and to try to get along (see Tenancy Tribunal Order 4271512 at [23]).

Where a tenant is able to provide some evidence to the landlord and has asked the landlord to address the problem, the tenant should be able to expect the landlord to take action. This might include the landlord warning the other party to stop the behaviour, issuing a 14-day notice formally telling the person to stop the behaviour, or giving notice to terminate the person’s tenancy.

If the landlord fails to take sufficient action, the tenant who is having the problem could seek an order from the Tenancy Tribunal that the landlord is breaching their quiet enjoyment by “permitting” the behaviour to continue (s 66G RTA).

If something happens between boarding house tenants that is so serious that the victim tenant does not feel safe or comfortable remaining in the boarding house with the perpetrator tenant, it is reasonable to expect that the landlord will terminate the perpetrator’s tenancy immediately under s 66U(1) RTA (see Ending a boarding house tenancy).

 

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