Room by room rentals Q & A

[Keys]

RTA Section 19 -

Don't worry about it essence. It's not the first time Glen has tried this. Simply to see if he'll get a bite out of me. Something I do just rubs him up the wrong way.

[essence]

Ahhhhhhhhhh, other agenda's running obviously.

However, it's these sorts of actions by a very small proportion of LL's, that gives the rest of us LL's a bad name.

We (LL's in general) are seen are being mean, money-hungry tyrants - these sort of actions don't help that general tenant perception.

[SuperDad]

I normally just use a residential tenancy agreement as you would with any other tenancy, but make ammendments to the TA form in regards to the lenght/term and type of residence ( i.e. remove anything about being a periodic or fixed term ), and instead include a clause that one weeks notice by either party to vacate is agreed on.

I had been taking $200-$300 as bond for the rooms, but have now changed this to one weeks bond (not lodged) and one week in advance ( $170-$200pw per room). One weeks notice by either party to vacate.

Cheers!

What services do you provide to your RBTR tenants glen? (Power, phone, broadband, sky, other?)

When you say 'residential tenancy agreement", do you mean the DBH version?

Paul.

[Glen]

RTA Section 19 -

Any money taken as Bond MUST be lodged with DBH Bond Centre.

Don't think it applies to boarding houses though,.....that's why I only collect the equivalent of one weeks rent for bond, which from what I understand is allowed.

[Glen]

What services do you provide to your RBTR tenants glen? (Power, phone, broadband, sky, other?)
Paul.

Yes,...

When you say 'residential tenancy agreement", do you mean the DBH version?

Paul.

...and yes!

You're obviously going to follow with some constructive criticism now?

[SuperDad]

Yes,...


...and yes!

You're obviously going to follow with some constructive criticism now?

Does section 5l of the RTA apply in your case?

Why or why not?

[Glen]

Does section 5l of the RTA apply in your case?

Why or why not?

I don't really know Paul. That's the whole point of me raising it as disscussion on here.
I would presume that given both myself and the tenant had agreed in the intial TA, that we are both mutually agreed upon one weeks notice to terminate by either party, then everyone is happy.
I've never had a problem so far, and it seems the fairest solution to all.
If it did go further, then surely section 52 could apply considering there is a signed agreement stating they're happy with the arrangements?

52 Provision for shorter notice may be made with consent
of Tribunal
With the consent of the Tribunal, the parties to a tenancy
agreement may provide for the termination of the tenancy by
the giving of notice of a specified period (being less than that
required by section 51), or on the happening of any event to be
specified in the agreement, or where the landlord requires
possession of the premises for any purpose to be specified in

the agreement.

You have a boarding house don't you? Why not share how you do it?

[Keys]

I don't really know Paul. That's the whole point of me raising it as disscussion on here.
I would presume that given both myself and the tenant had agreed in the intial TA, that we are both mutually agreed upon one weeks notice to terminate by either party, then everyone is happy.
I've never had a problem so far, and it seems the fairest solution to all.
If it did go further, then surely section 52 could apply considering there is a signed agreement stating they're happy with the arrangements?

52 Provision for shorter notice may be made with consent
of Tribunal
With the consent of the Tribunal, the parties to a tenancy
agreement may provide for the termination of the tenancy by
the giving of notice of a specified period (being less than that
required by section 51), or on the happening of any event to be
specified in the agreement, or where the landlord requires
possession of the premises for any purpose to be specified in

the agreement.

You have a boarding house don't you? Why not share how you do it?

And to think I actually wrote a reply to Pauls post saying

"that's 5 "l" (or in uppercase "L") Glen.

But no, I really expected you to know that so I didn't post.

Look again sunshine.

[Glen]

And to think I actually wrote a reply to Pauls post saying

"that's 5 "l" (or in uppercase "L") Glen.

But no, I really expected you to know that so I didn't post.

Look again sunshine.

5 Act excluded in certain cases
This Act shall not apply in the following cases:

Part 1 s 5

Residential Tenancies Act 1986 1 December 2003

(k) where the premises constitute part of any hotel, motel,

boardinghouse, or lodginghouse used for the provision

of temporary or transient accommodation

[Keys]

5 Act excluded in certain cases
This Act shall not apply in the following cases:

Part 1 s 5

Residential Tenancies Act 1986 1 December 2003

(k) where the premises constitute part of any hotel, motel,

boardinghouse, or lodginghouse used for the provision

of temporary or transient accommodation

Well then. There you go.

Far be it for me to let you know if you're correct or otherwise.

Just in case anyone's interested. Glen had an insulting post, directed at me, removed by the mods.

No doubt they may remove my reference to it from this post.

[Glen]

Now that we've got that sorted, anyone that actually knows what agreements (if any) are best suited to a RBR/boarding/rooming house type scenario, then would you care to enlighten us?

1 - Agreements. Yes/No? What type?
2 - Bond money. How much? Lodged or not? Does a weeks worth have to be lodged?
3 - Notice to leave. 1 week by either party?

Anyone know?

[Keys]

Now that we've got that sorted, anyone that actually knows what agreements (if any) are best suited to a RBR/boarding/rooming house type scenario, then would you care to enlighten us?

1 - Agreements. Yes/No? What type?
2 - Bond money. How much? Lodged or not? Does a weeks worth have to be lodged?
3 - Notice to leave. 1 week by either party?

Anyone know?

Two Scenarios

First Scenario: The RTA applies.

Answers.

1) Yes, any type you want as long as it contains the relevant parts.
2) Optional, maximum 4 weeks, if collected it must be forwarded.
3) 90, 42, 7 days (if periodic) by the LL 21, 2 days (if periodic) by the tenant.

Second Scenario: The RTA doesn't apply.

Answers.

1) Optional.
2) Whatever you want.
3) Whatever you want.

Suggestion: You decide if the RTA applies or not.

Second suggestion: If you don't want it to apply. Stop using the DBH tenancy agreements.

[Glen]

Two Scenarios

First Scenario: The RTA applies.

Answers.

1) Yes, any type you want as long as it contains the relevant parts.
2) Optional, maximum 4 weeks, if collected it must be forwarded.
3) 90, 42, 7 days (if periodic) by the LL 21, 2 days (if periodic) by the tenant.

Second Scenario: The RTA doesn't apply.

Answers.

1) Optional.
2) Whatever you want.
3) Whatever you want.

Suggestion: You decide if the RTA applies or not.

Second suggestion: If you don't want it to apply. Stop using the DBH tenancy agreements.

Good points/guesses keys, but i'd still be keen to hear what others (who operate these) are actually doing.

[SuperDad]

It the accomodation you provide temporary or transient (i.e., less than 28 days) glen?

If not, does 5l apply?

[spurner]

We own/run a 66 room "lodge" - that's what we call it anyway.

1. We have a "licence to occupy" which confirms names, contact information, when the agreement starts, how much "security deposit" (not bond) is paid, and the rules of living there.

2. We get 2 weeks rent as "security deposit", which is not lodged with DBH. I am sure tenants prefer this method too as they can get their refund back quicker when they do move out.

3. We ask for 1 weeks notice if they are moving out. We rarely give notice for people to move out. Usually they will get behind in their rent and after some letters warnings give them an eviction notice and they will just disappear. The bad ones get evicted pretty much immediately, within 1-2 days.

It's all very well talking about rules and regulations but if there is a crazy person running around with a knife you need to forget whatever rules there are and get them out of there immediately.

Now that we've got that sorted, anyone that actually knows what agreements (if any) are best suited to a RBR/boarding/rooming house type scenario, then would you care to enlighten us?

1 - Agreements. Yes/No? What type?
2 - Bond money. How much? Lodged or not? Does a weeks worth have to be lodged?
3 - Notice to leave. 1 week by either party?

Anyone know?