Rooming house operators definitions

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Rooming house

A rooming house is a building where one or more rooms is available for occupancy by four or more people (in return for the payment of rent).

The Minister for Housing can also declare a property to be a rooming house. For more information, view Rooming house agreements.

Rooming house operator

A rooming house operator runs a rooming house as a business, from premises the operator either owns or leases from someone else.

A rooming house operator can be an individual or corporate entity.

If you are unsure whether you are operating a rooming house, you should Contact us.

Rooming house manager

People engaged by rooming house operators to take part in the day-to-day management of a rooming house are ‘managers’ of rooming houses, for the purposes of the Rooming House Operators Act 2016.

Day-to-day management can include negotiating residency agreements, giving notices to residents, and receiving rent payments.

A rooming house manager:

  • is permitted to manage more than one rooming house
  • undertakes on behalf of the rooming house operator such tasks as:
    • negotiating residency agreements with residents
    • entering into residency agreements with residents
    • giving notice to a resident of the rooming house
    • receiving payment of rent from a resident of a rooming house; and
  • is not a rooming house manager merely because they carry out caretaking duties at the rooming house.

A rooming house manager must be 18 years or over and can include an estate agent engaged by the rooming house operator.

Relevant person

In relation to rooming house operators, a 'relevant person' is:

  • for an individual licensee or applicant:
    • the licensee or applicant
    • a rooming house manager engaged by the licensee or applicant
  • for a corporate entity (company, co-operative or incorporated association) that is a licensee or applicant:
    • the entity
    • a rooming house manager engaged by the entity
    • an officer of the entity.

Officer

If a rooming house is operated by a corporate entity, an 'officer' can refer to:

  • a director or the secretary (if the entity is a company)
  • the secretary or a member of the committee of management (if the entity is an incorporated association)
  • a member of the board of directors (if the entity is a co-operative) 
  • in the case of any of the entities above, someone who makes decisions (or participates in making decisions) that substantially affect the entity
  • someone who has the capacity to significantly affect the financial standing of the entity, or
  • someone whose instructions the above officers are accustomed to following.

Person of influence 

A person of influence is a person that is not part of the management structure of the organisation, who:

  • participates in making decisions that substantially affect the business of the organisation, or
  • has the capacity to significantly affect the financial standing of the organisation, or
  • is a person whose instructions are usually followed by the directors (company), members of committee of management (incorporated association) or members of the board of directors (co-operative).

For more information on definitions, view Part 1 of the Rooming House Operators Act 2016.