SHARED
ACCOMMODATION
Under
a shared accommodation arrangement the owner lives on the premises
and shares accommodation with boarders. There is a presumption that
the others in such an arrangement are lodgers or guests but not
tenants. The person rebutting such a presumption must show the person
to be a tenant and this can be done by construing documents, and the
surrounding circumstances. The difference between a tenant and a
boarder is important because a boarder does not have the protection
of tenancy legislation.