Residential Tenancies Act 1997

An agreement is a residential tenancy agreement if—

under the agreement—

a person gives someone else (the tenant) a right to occupy stated premises; and

the premises are for the tenant to use as a home (whether or not together with other people); and

the right is given for value; and

the agreement is not an occupancy agreement under section 71C.

The agreement may be—

express or implied; or

in writing, oral, or partly in writing and partly oral.

The right to occupy may be—

exclusive or not exclusive; and

given with a right to use facilities, furniture or goods.

This section is subject to the following sections:

 section 6D (Certain kinds of agreements not residential tenancy agreements)

 section 6E (Certain people given right of occupation not tenants).