Standard obligations
Boarding house landlords are required to do most of the same things as would be the case for a standard tenancy (s 66I(1)(a)-(c) RTA). This includes:
- ensuring that the facilities of the premises are in a reasonable state of cleanliness
- doing repairs and maintenance
- respecting the tenant’s right to quiet enjoyment
- providing a warm and dry house and working smoke alarms
- ensuring that the place is a safe and lawful.
Additional obligations
For boarding houses, there are additional obligations to:
(s 66I(1)(d)-(h) RTA)
- have sufficient locks to make the premises reasonably secure
- make sure the tenant has access at all times to their room and to toilet and bathroom facilities
- make sure the tenant has access at all reasonable hours to the other facilities in the premises
- ensure that copies of the house rules and fire evacuation procedures are always on display
- take all reasonable steps to make sure the house rules are followed, and to enforce them in a fair and consistent manner
- not shut off the supply of gas, electricity, internet, water, etc, except to avoid danger or to carry out repairs and maintenance (s 66J(1) RTA)
- inform every affected tenant before changing any locks (s 66J(3) RTA).
Landlords can’t avoid these responsibilities on the basis that the tenant knew what they were getting (eg, problems and substandard conditions) when they moved into the boarding house (s 66I(2) RTA).