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s 71CA

Certain types of agreements not occupancy agreements

In force
Part 5AOccupancy agreements

71CA Certain types of agreements not occupancy agreements

An occupancy agreement does not include an agreement—

(a)

under which a tenant under a residential tenancy agreement gives a right to occupy the premises the subject of the residential tenancy agreement; or

(b)

arising under a mortgage entered into honestly in relation to the premises; or

(c)

arising under a scheme if—

(i)

a group of adjacent premises is owned by a company; and

(ii)

the people who have rights to occupy the adjacent premises jointly have a controlling interest in the company; or

(d)

entered into honestly to give a right to occupy the premises for a holiday; or

(e)

entered into by a person who is also a party to a related agreement entered into honestly for the sale or purchase of the premises; or

(f)

prescribed by regulation.

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