> Tenancies  > Rooming houses  > Guide for rooming house residents

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• As a rooming house tenant (resident) you must
• The landlord (proprietor) must
• Representation, advocacy and information

This is an important guide for rooming house tenants (residents). It will help you to understand your rights and obligations when you enter into written and verbal rooming house agreements.

Entering into a rooming house agreement

If the rooming house landlord (proprietor) has asked you to sign a rooming house agreement, a copy of that agreement must be given to you after you have signed it.

The landlord (proprietor) must display copies of the Residential Tenancies (Rooming Houses) Regulations 1999 and the house rules in a place where you can easily see them.

If you ask the landlord (proprietor) for a copy of the house rules, the landlord (proprietor) must give you your own copy (unless you have already received a copy in the previous two months).

You can only be asked to pay one (1) week's rent in advance. If you are asked to pay a security bond, the amount of the security bond must not be higher than the cost of two (2) weeks' rent.

If the landlord (proprietor) wants you to pay for water supply, electricity, gas, telephone, meals or other facilities or services that will be provided to you, you must be informed in writing how the charges will be worked out. This written notice must be given to you by the landlord (proprietor) before the facilities or services are made available to you.

In other words, the landlord (proprietor) can not charge you for things that you were not told that you would be charged for before you used them.


Security of rooms and property

The rooming house landlord (proprietor) must provide and maintain the locks and other devices necessary to ensure that you can make your room reasonably secure.

If there is a problem with the lock on your door, advise the landlord (proprietor) straight away so that he or she can make arrangements to have the lock repaired or replaced.

The landlord (proprietor) must take reasonable (some) steps to ensure the security of your personal property.


Rent receipts and rent increases

If you pay the rent to the landlord (proprietor) in cash, you should receive a receipt straight away.

If you pay your rent to the landlord (proprietor) by cheque or money order, you should receive a receipt within five (5) days.

If you pay your rent into the landlord's (proprietor's) account at a financial institution (bank or building society) and the landlord (proprietor) keeps a proper record of the payment, you do not need to receive a receipt.

Generally, the cost of your rent can only be increased every six months, unless you have agreed at the beginning of your tenancy for it to be increased more often.


Termination of your agreement

If you abandon your room, the agreement for you to rent the room is terminated.

If you don't pay your rent for two weeks in a row, the landlord (proprietor) can give you notice to say that you have two days to catch up with your rent payments. If you do not pay the amount that is owing by the end of the two days, you will have to move out of the premises.

If you, or someone you have invited into your room, causes damage to the rooming house, the landlord (proprietor) can give you a notice to leave straight away.

If you, or someone you have invited into your room, creates a danger to a person or property in the rooming house, the landlord (proprietor) can give you a notice to leave straight away.

If you, or someone you have invited into your room seriously interrupts the privacy, peace, comfort, or quiet enjoyment of another resident, the landlord (proprietor) can give you a notice to leave straight away.

If you receive a notice from the landlord (proprietor) that you don't understand, contact us. A Tenancy Officer will help you to work out what you are required to do. This is a free service.

If you don't have a fixed term lease (fixed term means a date for your tenancy to finish was agreed on at the beginning of your tenancy) and you want to leave the premises, you need to let the landlord (proprietor) know that you are going to leave the day before you leave.

As a rooming house tenant (resident) you must

• Pay the rent on time
• Obey the house rules
• Not use your room, or allow your room to be used, for any illegal purpose
• Not keep any animals in your room or on the premises unless the landlord (proprietor) says that you can
• Keep your room tidy enough so that there is no fire risk or health hazard
• Tell the landlord (proprietor) if anything in your room is damaged or if any of your property gets damaged;
• Allow the landlord (proprietor) to have reasonable access to your room.

The landlord (proprietor) must

• Not interfere with your quiet enjoyment of your room
• Not restrict or interfere with your access to facilities at the rooming house
• Allow you to have access to your room at all times
• Allow you to have reasonable access to toilet and bathroom facilities
• Maintain your room and any facilities that you share in a reasonable state of repair (unless the rooming house is subject to a housing improvement notice);
  
• Repair defects, if aware of their existence.

Only make house rules that agree with the code of conduct, as outlined in the Rooming House Regulations 1999 are reasonable and help maintain the health and safety of persons in the premises and protect property.

Representation, advocacy and information

Information on rights and responsibilities as a tenant (resident) can be obtained from
The Tenancies Branch
Level 1, 91-97 Grenfell St, Adelaide
Phone: 8204 9544.


For assistance with a rooming house dispute, you may lodge a request for assistance form with the Tenancies Branch.

If you require financial assistance for a bond or rent, contact the South Australian Housing Trust, see Useful links.


For information on community legal centres, see Useful Links.

If you and the landlord (proprietor) have a problem that can not be sorted out after talking with staff at the Tenancies Branch, the problem may need to be worked out by going to the Residential Tenancies Tribunal for a hearing.

There is not cost to you for applying to have a hearing listed at the residential tenancies tribunal. To view the Application to the Residential Tenancies Tribunal (Form 7) click here


Tenants (residents) of rooming houses may have representation when their case goes before the Residential Tenancies Tribunal, if the Tribunal is satisfied that the resident is unable to present their case without assistance. This representative can be a lawyer or any other person who will be able to help you present your case.

Resources

Forms for rooming houses

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