Residential Tenancies Act 1987

Subject to this section and sections 6 and 7, this Act applies to any residential tenancy agreement entered into, renewed, extended, assigned or otherwise transferred after the commencement of this Act.

This Act does not apply to a residential tenancy agreement that is a strata lease, within the meaning of the Strata Titles Act 1985.

This Act does not apply to any residential tenancy agreement in any of the following circumstances —

where the tenant is a party to an agreement for the sale and purchase of the premises, unless the period of the tenancy is one month or longer;

where the agreement arises under a mortgage in respect of the premises;

where the agreement arises under a scheme under which —

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

the premises comprising the group are let by the company to persons who jointly have a controlling interest in the company;

where the tenant is a boarder or lodger;

where the agreement is bona fide entered into for the purpose of conferring on a person a right to occupy premises for a holiday;

where the agreement is entered into as lessor, whether generally or in prescribed circumstances, by any prescribed person or agency being a person or agency that is acting on behalf of the Crown;

where the agreement is a prescribed agreement, or is an agreement of a prescribed class.

This Act does not apply to or in relation to any of the following —

any part of a hotel or motel;

accommodation for students provided —

by an educational institution; or

by an entity, other than the educational institution, if the accommodation is provided other than for the purpose of making a profit,

any part of a hospital or nursing home;

any premises used for the purposes of a club;

any premises used to provide residential care to approved care recipients by an approved provider as defined in the Aged Care Act 1997 (Commonwealth);

any prescribed premises or premises of a prescribed class.

For the purposes of subsection (2)(e), an agreement conferring a right to occupy premises for a fixed term of 3 months or longer shall be deemed, in the absence of proof to the contrary, not to have been entered into bona fide for the purpose of conferring a right to occupy the premises for a holiday.

Subject to subsection (6), this Act applies to a site at a caravan park, within the meaning of the Caravan Parks and Camping Grounds Act 1995 (whether or not a caravan, within the meaning of that Act, is situated on that site) as if the site was residential premises for the purposes of this Act.

This Act does not apply to a site at a residential park, within the meaning of the Residential Parks (Long-stay Tenants) Act 2006, other than in relation to a residential tenancy agreement —

under which a person has a right to occupy such a site; and

that is an existing fixed term long-stay agreement made in writing, to which the Residential Parks (Long-stay Tenants) Act 2006 does not apply in accordance with section 6(4) of that Act.

Subsection (6) has effect despite section 8(1) of the Residential Parks (Long-stay Tenants) Act 2006.