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Q: My mom owns a house, I live in the loft of the house with my boyfriend, I don't really pay rent unless I need to chip in for a mortgage short fall. We rent out two of the rooms, I'm having a disagreement the occupants of one of those room about weather they are tenants or occupants, and whether my mom the home owner has access to the common areas when I'm not there even if they don't let her in. As I understand it they are occupants and the 24h notice before entering or verbal consent does not apply here. She would never go in their room of course but there is a lot of conmen living space, that as I understand it she is allowed to have access to. I think they are occupants because under the act I am a landlord/owner (which includes a person other than tenant occupying who is entitled to possession and exercises the rights of a landlord) and they share the kitchen with me. They maintain that they are tenants because they pay rent, which is clearly false because there are lots of people who pay rent who are not tenants. If I am infringing one there rights I would like to know and we will get this sorted, but as far as I can tell they are infinging on my rights and my mothers rights.
A: So? Your question to me is are they tenants? Or occupants? If they share a kitchen or bath with the landlord then the Act says it is a private deal, outside the legislation. What you need to do is persuade them this is the case. So show them section 4 of the Act. If they are not prepared to accept this, speak to the RTO about getting a pointy headed official there to declare them in or out. It appears that what you may want is an official to give an opinion and stamp it with a government seal. I only give quick and dirty answers to short internet questions based on my experience judging these things. I do it when people like you pony up $20 to the African PreSchools, and they are very, very grateful for your $20. Over the course of a year the $20, plus another $20 here, plus another $20 there, adds up, and makes the difference between having a kindergarten, and not, having access to further education, or not, and having the opportunity to make a better life for yourself, or not.


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