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.