In 2012, the NSW Government established the Boarding Houses Act.

 

Since that time, the boarding house sector has grown and changed – sometimes with quite negative consequences for owners and operators who bear the brunt of regulatory change.

 

In 2019 the NSW Government commissioned a formal review of the legislation and its impacts. POANSW represented property owners and made a submission in 2019.

 

On 6 August 2020, the NSW government tabled the final report where 21 recommendations for reform were made, and since then it has been in ‘hibernation’.

 

Fast track to today, the NSW government is currently revisiting the 5-year review of the NSW Boarding House Act.

 

 

Trina Jones the NSW Rental Commissioner was recently appointed to steer the current continuation of that review to determine if those 21 recommendations are still pertinent.

 

The 21 recommendations basically propose that the existing principles-based framework for general boarding houses be broadened to capture all managed share accommodation arrangements.

 

They will also consider whether provisions on termination introduced in the recent reforms to the Residential Tenancies Act are also warranted.

 

You can review the 21 recommendations here: https://www.parliament.nsw.gov.au/tp/files/77910/Report%20on%20the%20Statutory%20Review%20of%20the%20Boarding%20Houses%20Act%202012.pdf

 

In the last month, there have been a number of online meetings, including a 2 day workshop in which up to 40 stakeholders attended. It covered:

Day One

  1. Scope and Coverage of a proposed Share Accommodation act
  2. Occupancy rights and principles
  3. Grounds for termination, which included NCAT powers regarding terminations.
  4. Minimum standards for habitation.

Day Two

  1. Scope of Act-
  2. Fire safety and Overcrowding:
  3. The Register:
  4. Compliance and enforcement, which included NCAT powers regarding terminations.

 

POANSW has been invited to provide ongoing technical assistance through the Technical Working Group and Expert Advisor Group.

 

If all goes to schedule, the NSW government expects to present a new ‘Share Accommodation Act’ to replace the Boarding House Act to parliament by June 2026.

 

Here is a recent marketing LinkedIn post by Trina Jones

https://www.linkedin.com/posts/trinamjones_rentalcommissione…<