NSW Tenant or boarder/lodger, eviction, where to get legal advice

Someone has been renting a bedroom in a family members house for about 3 years now. No written agreement in place, they have been paying rent weekly. They do their own cooking, buy their own food, pay half of the electricity, internet etc. The only exclusive area is the bedroom they rent, which was furnished - they only brought their clothing, a tv (I think) and their car.

My reading of the NSW residential tenancy act is they are classed as a boarder/lodger, not a tenant, therefore the act does not apply, and it is not a registered boarding house, therefore that act does not apply.

Written notice to vacate has been provided, with a generous notice period (over a month), however they have said they are not going.

Questions:

1. How does one confirm for sure they are a boarder/lodger, and not a tenant? Are their any specific criteria one can refer to?

2. Should they be a boarder/lodger, are their mandated notice periods and/or forms to use?

3. What is the legal process to remove them, should they not leave hen the notice period expires?

4. When looking for a solicitor to get legal advice, is there a specific area of expertise one should look for (e.g. property law)? Even better, any recommendations for a solicitor in NSW who can advise on this?

 

Reading this: Factsheet 14: Boarders and lodgers

NCAT can rule if the residential tenancy act applies, but not do anything it it doesn't. It says, from a boarder/lodger point of view, only the local court can deal with evictions if not a tenancy, therefore one could assume from a landlord point of view, the same applies.

 

Similar topic running recently if it's any help

Eviction without a lease