What situations are excluded from Residential Tenancies Act?

Residential Tenancies Act governs the rights and obligations of tenants in rented residential properties.

Not all types of living arrangements aren’t covered by the Act.

Briefly, the Residential Tenancies Act does not apply to motels, hotels, student accommodation that have a contract with the school, hospitals, retirement villages, holiday homes, and flatmates.

A more complete list of exclusions is below:

  • where the property is used for commercial premises:
  • where the premises, not being a boarding house, continues to be used, during the tenancy, principally as a place of residence by the landlord or the owner of the premises or by any member of the landlord’s or owner’s family:
  • where the tenant is the purchaser of the premises under an agreement for sale and purchase with the landlord as vendor, not being an agreement that is revocable at will by the vendor:
  • where the premises comprise bare land on which the tenant has the right under the tenancy agreement to place or erect a mobile home, caravan, or other means of shelter (such as a camping ground):
  • where the premises are let for the tenant’s holiday purposes:
  • where the property is intended to provide temporary or transient accommodation (such as that provided by hotels and motels), being accommodation that is ordinarily provided for periods of less than 28 days at a time; and there is an agreement that has been entered into for the purpose of providing temporary or transient accommodation that continues to be provided under the agreement:
  • where the property constitutes part of a building occupied by a club and used by the club for the provision of temporary or transient accommodation to members of the club:
  • where the property is used to provide accommodation to students at a school hostel (being a hostel within the meaning of section 2 of the Education Act 1989); OR the accommodation provider has a contract with the education provider to house students attending that university:
  • where the whole or a substantial part of the tenant’s income is derived from the use of the premises for agricultural, pastoral, horticultural, or other similar purposes (eg renting out a farm):
  • hospitals and aged care facilities are not covered by the Residential Tenancies Act
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