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Sharing a house with owner: Boarder, lodger or Tenants?

Discussion in 'Property Management' started by live-in-upwey, 14th Apr, 2016.

  1. live-in-upwey

    live-in-upwey Member

    Joined:
    14th Apr, 2016
    Posts:
    16
    Location:
    Upwey VIC 3158
    Hi

    I'd like to know what my legal position is.
    Sharing a house with owner in VIC. The owner live in this sharing house too.
    It's a 3 bedroom house.

    Common facilities, for examples bathroom and kitchen are shared with the owner.
    Room cleaning services are provided once a month and linens are provided. No meal provided.

    There are agreements/contract signed (Residential license to occupy, not tenancy agreement), house rules, security deposit and pay-in-advance rent.

    There are 2 bedroom available for renting (each room allows maximum 2 persons)

    Will this be classified as lodging in VIC?

    Definitely it's not a rooming house in VIC =>
    Rooming houses: a guide for residents and operators

    Will this be classified as a boarding house in VIC?

    Do I need to register this as a boarding house with council?

    Why the "Residential Tenancies" type of the premises do not require to be registered with the council as well?

    I couldn't find any info regarding this from the council website. So, how do our govt expect us to know all this since everything is in grey area?

    Why our govt especially councils, CGT and ATO make it hard for us just to make extra money (that's not much at all) from the rooms of our PPOR? Besides, we lose our privacy doing that in exchange for just small money earned.

    other useful links =>
    Types of rental agreements - Consumer Affairs Victoria

    Boarding House Division | Property Owners' Association of New South Wales
    Boarders and Lodgers
    Boarding_houses
    The BROWN COUCH: Is my share house a boarding house?
    What is my legal position?
    Boarding_houses

    etc.
     
  2. thatbum

    thatbum Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    893
    Location:
    Perth, WA
    1. You're probably a common law lodger.

    2. It probably wouldn't be classified as a boarding house.

    3. Why would you need to register anything as a lodger?

    4. I don't really know what you're talking about regarding registering a residential tenancy with council.

    5. You either learn it yourself or pay a professional to advise/assist you.
     
  3. live-in-upwey

    live-in-upwey Member

    Joined:
    14th Apr, 2016
    Posts:
    16
    Location:
    Upwey VIC 3158
    My main issue here I want to know what type of this practice be classified as. Because the council had received a complaint that I run the boarding house, but I'm sure that I don't.
     
  4. Marg4000

    Marg4000 Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    894
    Location:
    Qld
    Surely the owner is responsible.

    Or are you renting from the owner and subletting to others?
    Marg