QLDIn ForceAct
Residential Tenancies and Rooming Accommodation Act 2008
sec.433Relevant matters for deciding whether a person is a boarder or lodger
Start here
Get a plain-English read of sec.433
Turn the raw legal text into a practical explanation grounded in Residential Tenancies and Rooming Accommodation Act 2008.
### sec.433 Relevant matters for deciding whether a person is a boarder or lodger
Subsection (2) applies if, in relation to an application for an order under this Act, the tribunal is required to decide whether a person is a boarder or a lodger.
The tribunal must have regard to the following—
the extent to which the person has control over premises;
the extent to which another person, receiving an amount from the person for the right to reside at the premises, has control of the premises;
whether another person, receiving an amount from the person for the right to reside at the premises, also resides at the premises;
the provision of services to the person;
whether the person shares facilities, including the bathroom and kitchen facilities;
anything else the tribunal considers relevant.
(sec.433-ssec.1) Subsection (2) applies if, in relation to an application for an order under this Act, the tribunal is required to decide whether a person is a boarder or a lodger.
(sec.433-ssec.2) The tribunal must have regard to the following— the extent to which the person has control over premises; the extent to which another person, receiving an amount from the person for the right to reside at the premises, has control of the premises; whether another person, receiving an amount from the person for the right to reside at the premises, also resides at the premises; the provision of services to the person; whether the person shares facilities, including the bathroom and kitchen facilities; anything else the tribunal considers relevant.
- (a) the extent to which the person has control over premises;
- (b) the extent to which another person, receiving an amount from the person for the right to reside at the premises, has control of the premises;
- (c) whether another person, receiving an amount from the person for the right to reside at the premises, also resides at the premises;
- (d) the provision of services to the person;
- (e) whether the person shares facilities, including the bathroom and kitchen facilities;
- (f) anything else the tribunal considers relevant.