This is another common housing situation. The landlord leases all the premises to the main tenant as part of a residential lease agreement. The main tenant then rents part of the premises to the subtenant. Under the sublease agreement, the subtenant usually has the exclusivity of using a bedroom and sharing facilities such as bathrooms and kitchens with the main tenant. More recently, starting in 2007, the Department of Fair Trading again held consultations on the reform of the Landlord and Tenant Act, including the prospect of a merger of the RTA 1987 and the Landlord and Tenant (Rental Board) Act 1977. Protection of internees and tenants was not included in the mandate, although proponents proposed further reform of the law for boarding schools and tenants (see Tenants` Union of NSW, 2005). The legal protection of boarding schools and sub-tenants has been pursued by lawyers and has been the subject of repeated investigations by governments and advisory bodies since the mid-1970s. In this section, we briefly trace the history of the reform of the legislation of boarders and sub-tenants, where we present some of the impulses and opportunities for public and stakeholder participation. Renting a property: If you are renting a property, it is very likely that you are using a housing rental agreement, which is a legally binding contract between the tenant and the lessor. As part of this agreement, you are both covered by the Residential Tenancies Act 2010. The practical consequence of the lack of legal protection is that interns and tenants may be less able to successfully complain about problems and resolve disputes, for example.B.
whether or not the rent has been paid; the quality or deterioration of premises, furniture or equipment such as broken windows, hot water or sanitary systems; the application of one of the boarding operator`s “house rules”; invasion of privacy; broken windows, furniture or common amenities; piping or roofing; noise or harassment from other inmates; or vermin or other unsanitary conditions. Another practical consequence of the lack of legal protection and an accessible dispute resolution mechanism for ownership, rent, termination, redress, privacy and entrance fees is that boarders and tenants are vulnerable to unscrupulous landlords who “can do just about anything they want” (Legal CSO). In response to a question at the budget estimate hearings on why residential schools and sub-tenants were exempted from the last revision of the ATR in 1987, the Minister of Fair Trade acknowledged that in 2003, in response to a question from an independent MP, Clover Moore, who “made the long saga of working groups, bills, audits and task forces on the need to: Create a legal framework for residential schools and sub-tenants,” outlined, The Minister of Fair Trade replied: The lessor should terminate you to leave according to your agreement, otherwise “appropriate” termination. For example, if you pay weekly rent, you must inform at least 7 days in advance. The contract between the principal tenant and the subtenant can be classified, depending on the exact circumstances, either as a housing rental agreement or as a common law contract. Roommates strongly recommend using the standard residential tenancy agreement form. As a general rule, boarding agreements only apply to commercial hosts. If this is the case for your situation, you must use the default occupancy form.
After all, an occupant is not a subtenant simply because their agreement qualifies them as a subtenant. This depends on the content of the right to occupation, not on the form of the agreement (Radaich v Smith  HCA 45). However, the case law draws attention to certain other secondary features of agreements concluded by tenants. In Noblett & Mansfield v Manley  SASR 155, the Supreme Court of South Australia characterized a subtenant as “someone who lives as an occupant in another person`s house,” while the landlord “retains control of the premises and means of entry and exit.”