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RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION ACT 2008 - SECT 433
Relevant matters for deciding whether a person is a boarder or lodger
433 Relevant matters for deciding whether a person is a boarder or lodger
(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.
(2) The tribunal must have regard to the following—
(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.
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