RESIDENTIAL TENANCIES ACT 1997 - SECT 530 Rights of existing residents
RESIDENTIAL TENANCIES ACT 1997 - SECT 530
Rights of existing residents(1) If a room in a rooming house has more than one resident at the date of commencement of section 31 of the 2005 Act—
(a) each of those residents is deemed to have a shared room right in respect of that room; and
(b) a resident (the new resident ) who, before the date of commencement of section 9 of the 2005 Act, takes the place of a resident in that room is deemed to have a shared room right in respect of that room if there is an existing resident with a shared room right occupying that room when the new resident takes up occupation.
Example
J and K share a room in a rooming house at the date of commencement of section 31 of the 2005 Act. The rooming house owner had chosen separately each person who was to occupy the room. J and K each have a shared room right. If K moves out and L takes up occupancy of the room before the date of commencement of section 9 of the 2005 Act, J and L each have a shared room right.
(2) Subsection (1) does not apply to 2 or more residents who have exclusive occupancy of a room in a rooming house at the date of commencement of section 31 of the 2005 Act.
Example
L and M are domestic partners. They are the sole occupants of the room at the date of commencement of section 31 of the 2005 Act. They had agreed with the rooming house owner before that date that they should have exclusive occupancy of the room. L and M each have an exclusive occupancy right.
(3) Except as provided by subsection (1), a resident of a rooming house on the date of commencement of section 31 of the 2005 Act is deemed to have an exclusive occupancy right in respect of that room.
S. 531 substituted by No. 63/2005 s. 31.