Room Rental Agreement — Boarder / Lodger (Australia)
This Room Rental Agreement (the "Agreement") is made on [Agreement Date] in the state/territory of [State/Territory], Australia. This Agreement governs the arrangement between the landlord/head tenant and the boarder/lodger in respect of the room described below.
1. NATURE OF ARRANGEMENT
1.1 Arrangement type: [Arrangement Type].
1.2 The parties acknowledge that, where the landlord also resides at the property, the occupant is a boarder or lodger and the protections of the applicable Residential Tenancies Act may not apply to the same extent as to a standard residential tenancy. The parties nevertheless agree to be bound by the terms of this Agreement.
1.3 Nothing in this Agreement creates an interest in land or a right to exclusive possession of the whole property. The boarder/lodger is granted a licence to occupy the specified room and to use the specified common areas of the property.
2. PARTIES
2.1 Landlord/Head Tenant: [Landlord Name], of [Landlord Address], phone [Landlord Phone], email [Landlord Email] (the "Landlord").
2.2 Boarder/Lodger: [Boarder Name], phone [Boarder Phone], email [Boarder Email] (the "Boarder").
3. ROOM AND PROPERTY
3.1 Property address: [Property Address].
3.2 Room description: [Room Description].
3.3 The Boarder is entitled to use the following common areas: [Common Areas].
3.4 The Boarder must not access any other areas of the property that are not specified above without the Landlord's prior consent.
4. TERM
4.1 Arrangement type: [Term Type].
4.2 Commencement date: [Commencement Date].
5. RENT
5.1 The Boarder must pay rent of AUD $[Weekly Rent] per week ([Meals Included]), due [Rent Frequency] on [Rent Due Day].
5.2 Rent must be paid by [Payment Method] to the Landlord or as otherwise directed in writing.
5.3 The Landlord will provide a written receipt or record of each payment upon request.
5.4 Rent increases: The Landlord must give the Boarder reasonable advance written notice of any rent increase, generally at least two weeks' notice.
6. UTILITIES AND INCLUSIONS
6.1 The following utilities and services are included in the weekly rent: [Included Utilities].
6.2 The following are not included and are the Boarder's responsibility: [Excluded Utilities].
7. HOUSE RULES
7.1 The Boarder agrees to comply with the following house rules at all times: [House Rules].
7.2 Breach of the house rules is a breach of this Agreement and may entitle the Landlord to terminate the Agreement on the giving of appropriate notice.
8. GUESTS
8.1 Overnight guests: [Guests Policy].
8.2 The Boarder must not allow any person to become a permanent or de facto resident of the property or the room without the Landlord's prior written consent.
9. PETS
9.1 Pets: [Pets Policy].
10. BOARDER OBLIGATIONS
10.1 The Boarder must keep the room and any areas exclusively used by the Boarder clean and in good condition.
10.2 The Boarder must not damage the property or any fixtures, fittings, or furnishings, and must promptly notify the Landlord of any damage or need for repair.
10.3 The Boarder must not use the property for any unlawful purpose or cause a nuisance to other occupants or neighbours.
10.4 The Boarder must not transfer or assign this Agreement or allow any other person to occupy the room without the Landlord's prior written consent.
11. TERMINATION AND NOTICE
11.1 The Boarder must give the Landlord at least [Boarder Notice Period] written notice to end this Agreement.
11.2 The Landlord must give the Boarder at least [Landlord Notice Period] written notice to end this Agreement, unless termination is for a serious breach (such as non-payment of rent, damage, or violence), in which case shorter notice may apply.
11.3 At the end of this Agreement, the Boarder must vacate the room and the property in a clean and tidy condition, return all keys and access devices, and remove all personal belongings.
11.4 Any personal property left at the premises after the end of the agreement may be treated as abandoned after 14 days written notice to the Boarder.
12. DISPUTE RESOLUTION
12.1 The parties must attempt to resolve any dispute by direct communication in the first instance.
12.2 If the dispute cannot be resolved, either party may seek assistance from the applicable state fair trading office or consumer protection authority. In some states, the relevant tribunal (e.g. NCAT in NSW, VCAT in VIC, QCAT in QLD) has jurisdiction over boarder/lodger disputes.
12.3 This Agreement is governed by the law of [State/Territory], Australia.
EXECUTION
Each party acknowledges having read and understood this Agreement.
LANDLORD / HEAD TENANT
Name: [Landlord Name]
Address: [Landlord Address]
BOARDER / LODGER
Name: [Boarder Name]
Landlord / Head Tenant
________________
Signature
Date: ________________
Boarder / Lodger
________________
Signature
Date: ________________
What Is a Room Rental Agreement — Boarder / Lodger (Australia)?
A Room Rental Agreement — Boarder / Lodger in Australia grants a tenant the right to occupy residential premises and records the rent, bond, term, and the repair and notice obligations of landlord and tenant under the Real Property Act 1900 (NSW).
In Australia, the terminology used to describe room rental arrangements can vary. A boarder is typically a person who pays for accommodation and receives meals or personal services as part of the arrangement. A lodger is a person who rents a room without meals, living more independently in the same building as the landlord. A sub-tenant is a person who rents a room from a head tenant (another tenant, not the property owner) under a subletting arrangement.
The legal protections available to boarders, lodgers, and sub-tenants under Australian tenancy legislation differ significantly. In most Australian states, standard Residential Tenancies Act protections do not apply in full to boarder/lodger arrangements where the property owner also resides at the property. This means the parties rely primarily on the written Room Rental Agreement as the governing document for their arrangement.
However, in Victoria, the Residential Tenancies Act 1997 contains specific provisions for rooming houses (premises with four or more rooms), and in Queensland, the Residential Tenancies and Rooming Accommodation Act 2008 includes a thorough regulatory framework for rooming accommodation that does provide significant protections to room occupants. In New South Wales, the Fair Trading Act 1987 and common law contract principles protect boarders and lodgers even where the Residential Tenancies Act 2010 does not apply directly.
Having a clear written Room Rental Agreement is therefore especially important for boarder and lodger arrangements, because the protections that would otherwise be implied by the applicable Residential Tenancies Act may not be available. A well-drafted agreement sets out the rent, bond, house rules, notice periods, and other essential terms, giving both parties clarity and a legal basis for resolving any disputes that may arise.
The legal framework governing the Room Rental Agreement — Boarder / Lodger (Australia) in Australia draws on several key statutes and regulatory bodies. Under state and territory residential tenancies legislation, including the Residential Tenancies Act 1997 (Vic), Residential Tenancies Act 2010 (NSW), and equivalent Acts in other jurisdictions, tenancy tribunals (NCAT in NSW, VCAT in Victoria) adjudicate disputes. The Real Property Act 1900 (NSW) and Transfer of Land Act 1958 (Vic) govern property registration through state land registries. Section 52 of the Australian Consumer Law (Schedule 2, Competition and Consumer Act 2010) prohibits misleading conduct in property transactions. The Foreign Acquisitions and Takeovers Act 1975 (Cth) requires FIRB approval for foreign purchasers. Parties executing a Room Rental Agreement — Boarder / Lodger (Australia) in Australia should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Real Property Act 1900 (NSW) sets the foundational requirements.
When Do You Need a Room Rental Agreement — Boarder / Lodger (Australia)?
A Room Rental Agreement is needed whenever a property owner or head tenant allows another person to rent a room in a shared residential property in Australia. This includes situations where a homeowner rents out a spare room to help cover mortgage costs, where a head tenant in a rented property sublets a room to a flatmate, or where a dedicated boarding house operator rents individual rooms to multiple occupants.
A written agreement is important in all of these situations because it creates a clear and enforceable record of what has been agreed between the parties. Without a written agreement, disputes about rent, bond, notice periods, house rules, and damage can be very difficult to resolve.
Room rental agreements are particularly important when: the rent includes board (meals or personal services) as well as accommodation; the property is a share house with multiple occupants who have agreed on house rules for the common areas; the landlord lives at the property and needs to establish clear boundaries about the use of shared spaces; or where the boarder or lodger is paying a significant amount as a bond and needs clarity about how it will be held and returned.
The Australia Room Rental Agreement — Boarder / Lodger (Australia) template is suitable for use in all Australian states and territories. It is designed for room-sharing arrangements in private residences and small shared houses. It is not specifically designed for large rooming houses with four or more rooms that are subject to specific rooming house legislation in Victoria and Queensland — in those situations, landlords should confirm they comply with the specific requirements of the applicable rooming house regulation, including registration requirements, minimum standard obligations, and prescribed bond handling procedures.
Landlords renting out rooms should also be aware of their obligations under the applicable state anti-discrimination legislation, which prohibits discrimination in the provision of accommodation on grounds such as race, sex, pregnancy, disability, or sexual orientation.
What to Include in Your Room Rental Agreement — Boarder / Lodger (Australia)
A well-drafted Room Rental Agreement for an Australian shared property should address all the essential aspects of the arrangement clearly and in writing.
The nature of arrangement section should clearly specify whether the occupant is a boarder, lodger, or sub-tenant, and whether the landlord also lives at the property. This distinction is critical because it determines which legal framework governs the arrangement and what protections apply.
The room and property section should precisely describe the room the boarder is entitled to occupy (including its location in the property, furnishing status, and any ensuite or exclusive facilities) and list the common areas they are permitted to use. Clarity about which areas of the property the boarder may access is important for avoiding disputes in a shared living environment.
The term section should specify whether the arrangement is for a fixed period (with a defined end date) or on a rolling periodic basis (week-to-week or month-to-month). Both approaches are common in Australian shared housing, and the choice will depend on the preferences and circumstances of the parties.
The rent section records the weekly rent amount, specifies whether it includes board (meals or personal services) or covers accommodation only, and sets out the payment frequency, due date, and payment method. For boarder arrangements that include meals, the rent typically reflects the additional value of board services provided.
The bond section clarifies whether a security bond is being collected, the amount, and how it will be held. For boarder/lodger arrangements not covered by the Residential Tenancies Act, the landlord may hold the bond directly rather than lodging it with a state authority. The agreement should specify the conditions under which the bond may be deducted.
The house rules section is a distinctive and important feature of room rental agreements. Good house rules cover cleaning duties for shared areas, noise restrictions, overnight guest policies, smoking, car parking, and use of communal facilities. House rules should be clear, specific, and reasonable. Breach of the house rules constitutes a breach of the agreement and may entitle the landlord to terminate on appropriate notice.
The notice period section sets out how much written notice each party must give to end the arrangement. For boarder/lodger arrangements not covered by the Residential Tenancies Act, the notice period is set by the agreement rather than by statute — typically one to two weeks for informal arrangements. Longer notice periods may be appropriate where the boarder has been in occupation for an extended period.
Additional compliance elements for a Room Rental Agreement — Boarder / Lodger (Australia) used in Australia include: Under state and territory residential tenancies legislation, including the Residential Tenancies Act 1997 (Vic), Residential Tenancies Act 2010 (NSW), and equivalent Acts in other jurisdictions, tenancy tribunals (NCAT in NSW, VCAT in Victoria) adjudicate disputes. The Real Property Act 1900 (NSW) and Transfer of Land Act 1958 (Vic) govern property registration through state land registries. Section 52 of the Australian Consumer Law (Schedule 2, Competition and Consumer Act 2010) prohibits misleading conduct in property transactions. The Foreign Acquisitions and Takeovers Act 1975 (Cth) requires FIRB approval for foreign purchasers. Forms-legal.com provides this template as a starting point for Australia-compliant documentation.
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Reference this free template in an article, syllabus, or research note:
Forms Legal. (2026). Room Rental Agreement — Boarder / Lodger (Australia) (Australia) [Legal document template]. Forms Legal. https://forms-legal.com/australia/real-estate/leases/room-rental-agreement-australia
"Room Rental Agreement — Boarder / Lodger (Australia) (Australia)." Forms Legal, 2026, https://forms-legal.com/australia/real-estate/leases/room-rental-agreement-australia.
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year = {2026},
howpublished = {\url{https://forms-legal.com/australia/real-estate/leases/room-rental-agreement-australia}},
note = {Free legal document template. Based on Real Property Act 1900 (NSW)}
}Also available for these jurisdictions:
Frequently Asked Questions
In Australian tenancy law, a boarder is a person who rents a room in a private home and is also provided with meals or other services (such as laundry) by the landlord. A lodger is similar but does not receive meals — they rent a room on a more self-sufficient basis. Both boarders and lodgers typically share the property with the landlord. A sub-tenant, by contrast, has a separate tenancy agreement with a head tenant (who is themselves a tenant under a lease with the landlord) and typically has exclusive possession of their own room. In most Australian states, boarders and lodgers are not covered by the standard Residential Tenancies Act in the same way as mainstream tenants, meaning they generally have fewer statutory protections regarding security of tenure, notice periods, and bond handling. Sub-tenants, however, may have fuller residential tenancy protections depending on the state.
The level of legal protection available to boarders and lodgers varies by state. In Victoria, the Residential Tenancies Act 1997 contains specific provisions for rooming houses (boarding houses with four or more rooms), which provide minimum standards and dispute resolution rights. However, individual boarder/lodger arrangements in private homes are generally not covered by the main residential tenancy legislation. In New South Wales, boarders and lodgers who share a private home with the landlord are exempt from the Residential Tenancies Act 2010, meaning they rely primarily on common law contract rights and the Fair Trading Act 1987. In Queensland, the Residential Tenancies and Rooming Accommodation Act 2008 includes specific provisions for rooming accommodation. Boarders and lodgers in any state can enforce a written Room Rental Agreement as a binding contract through the local tribunal or small claims court.
Whether a bond must be lodged with the state bond authority depends on whether the arrangement is covered by the applicable Residential Tenancies Act. For boarder/lodger arrangements in private homes where the landlord also resides, the standard bond lodgement requirements of the Act generally do not apply — meaning the landlord may hold the bond directly. However, for rooming house arrangements covered by state legislation (such as in Victoria and Queensland), bond lodgement with the relevant authority may be required. In sub-tenancy arrangements where the standard Act does apply, the bond must be lodged with the relevant authority (NSW Fair Trading, the RTBA in Victoria, or the RTA in Queensland) in the same way as any other residential tenancy. The parties should specify in their Room Rental Agreement how the bond will be held.
A landlord renting out a room in a shared property can include a wide range of house rules in the Room Rental Agreement, provided they are reasonable and not discriminatory. Common house rules in Australian shared housing include: quiet hours (for example, no loud music after 10pm on weeknights), cleaning responsibilities for shared areas (kitchen, bathroom, and living areas), guest and overnight visitor policies, smoking restrictions (typically no smoking inside the property), car parking arrangements, waste and recycling responsibilities, and rules about food storage and use of common facilities such as laundry and outdoor spaces. House rules form part of the contractual agreement between the parties. If the boarder/lodger breaches the house rules, the landlord may use the breach as grounds to terminate the arrangement after giving appropriate written notice.
For boarder and lodger arrangements where the landlord resides at the same property, standard residential tenancy legislation generally does not apply, meaning the statutory minimum notice periods (such as the 90-day no-grounds termination notice in NSW) do not protect the boarder or lodger in the same way. Instead, the notice period is governed by the Room Rental Agreement itself, and in the absence of a written agreement, by common law principles. Courts have generally held that a reasonable notice period should be given before requiring a boarder or lodger to vacate. What constitutes reasonable notice depends on the circumstances — typically at least 1 to 2 weeks for informal arrangements. Immediate eviction (without any notice) would generally only be justified in serious cases involving violence, serious damage to property, or other extreme circumstances, and even then, the landlord should seek legal advice rather than physically removing the person.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
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