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For the purposes of RA, exempt accommodation is accommodation that is considered to be a:
Act reference: SSAct section 5A(5A) A person's accommodation is exempt accommodation...
Policy reference: SS Guide 2.2.13.20 RA - Verification Required, 3.8.1.40 Notification, Verification & Recipient Obligations for RA, 3.8.1.110 Sharers Provisions for RA, 3.8.1.120 Examples of Assessment - RA Sharers Provisions
In deciding whether a person lives in exempt accommodation, a range of factors need to be taken into account. No one factor has weight over another, nor does the accommodation have to satisfy a minimum number of factors. However sufficient evidence needs to be provided to indicate that the accommodation is one of the types listed above. The rest of this topic explains the following factors which may indicate a person is living in exempt accommodation:
The accommodation must be known as a boarding house, guest house, hostel, hotel, private hotel, rooming house, lodging house or similar. The name must reflect the true nature of the accommodation. Also, the public perception of the premises must be that it is a boarding house or similar.
Examples: Bill & Joe's Boarding House or Seaside Private Hotel.
A manager or administrator, other than a real estate agent is employed or retained to manage the premises. This includes live-in managers or administrators as well as those who work on the premises on a regular basis, such as Monday to Friday, and are responsible for the running or operations of the premises. Typically, such managers or administrators have the power to offer accommodation to new tenants or provide a recommendation to evict existing tenants.
Other staff, such as cleaners, are employed or retained to do work on a regular and frequent basis. The staff must be employed by the manager, administrator or owner, not by the tenant.
Example: Members of a group house or share house employ a cleaner.
If a cleaner is employed to clean infrequently or irregularly such as monthly or only when the tenant leaves, then this guideline is not satisfied. If a cleaner is employed to clean on a daily basis this guideline is satisfied.
In exempt accommodation the residents lack control over the day-to-day management of the premises.
Explanation: People living in boarding houses or similar usually do not have any say in how their accommodation is managed. This contrasts with people sharing in a group house where domestic arrangements and responsibilities are usually agreed among the household members.
Example: Residents may lack control over issues such as:
House rules imposed by management usually exist in exempt accommodation. If these house rules result in the tenant having less rights than a person in rental accommodation would normally enjoy, then this guideline is satisfied. Typically, such rules are written down and provided to residents and/or are openly displayed.
Example: Restrictions on:
This provision does not refer to house rules agreed on by recipients living in a group or share house arrangement.
Accommodation charges made to residents of exempt accommodation typically include payments for utilities such as water, gas and electricity. Utilities are not metered separately for each resident, nor does the resident have an individual account with the utility provider.
Private residential accommodation does not constitute exempt accommodation. Whether premises are private residential could be determined by looking at:
Examples: Individual factors that would satisfy this guideline include:
Exempt accommodation is not usually offered on a leasehold basis. The tenant is not required to enter into a formal lease arrangement prior to taking up the accommodation. In line with this, the accommodation is usually only offered on a short term basis.
Exception: Accommodation subject to the requirements of the Queensland Residential Services (Accommodation) Act 2002.
In exempt accommodation, there is usually no requirement for the person to pay a bond prior to taking up the accommodation. Although a person in exempt accommodation may be required to pay rent in advance, it is unlikely that they would also be required to pay a bond for security for rent, damage to the property, or both. Key deposits and the like are not considered to be bonds.
Exception: Accommodation subject to the requirements of the Queensland Residential Services (Accommodation) Act 2002.
Exempt accommodation is available on a daily, or other short-term basis. Typically, this can be daily, weekly or at most, fortnightly. However, the presence of long-term tenants should not exclude a premises from satisfying this guideline.
Act reference: SSAct section 5A(5B) In forming an opinion...
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Last reviewed: 11 August 2011
