Contents (2010 - 42)
Residential Tenancies Act 2010 No 42
Division 2 Application of Act
6 Act applies to existing and future residential tenancy agreements
This Act applies to residential tenancy agreements in respect of residential premises whether made before or after the commencement of this section.
7 Premises to which Act does not apply
This Act does not apply in respect of the following premises:(a) premises to which the Landlord and Tenant (Amendment) Act 1948 applies,(b) premises used to provide residential care or respite care within the meaning of the Aged Care Act 1997 of the Commonwealth,(c) serviced apartments, that is, buildings or parts of buildings used to provide self-contained tourist and visitor accommodation that are regularly cleaned by or on behalf of the owner or manager,(d) premises used as a hotel or motel,(e) premises used as a backpackers’ hostel,(f) a hospital or nursing home,(g) any part of a club used for the provision of temporary accommodation,(h) premises used for residential purposes, if the predominant use of the premises is for the purposes of a trade, profession, business or agriculture.
8 Agreements to which Act does not apply
(1) This Act does not apply to the following agreements:(a) occupation agreements to which the Holiday Parks (Long-term Casual Occupation) Act 2002 applies,(b) residence contracts within the meaning of the Retirement Villages Act 1999,(ba) site agreements within the meaning of the Residential (Land Lease) Communities Act 2013,(c) an agreement under which a person boards or lodges with another person,(d) an agreement under which a person resides in refuge or crisis accommodation of a kind prescribed by the regulations,(e) leases and licences under the the Crown Land Management Act 2016,,(f) an agreement for the sale of land that confers a right to occupy residential premises on a party to the agreement,(g) an agreement that arises under a term of a mortgage and confers a right to occupy residential premises on a party to the mortgage,(h) an agreement made for the purpose of giving a person the right to occupy residential premises for a period of not more than 3 months for the purpose of a holiday,(i) an agreement that arises under a company title scheme under which a group of adjoining or adjacent premises is owned or leased by a corporation each of whose shareholders has, by virtue of his or her shares, an exclusive right to occupy one or more of the residential premises,(j) an agreement having a term, together with the term of any further agreement that may be granted under an option in respect of it, that is equal to or exceeds 99 years.(2) (Repealed)
8A Application of Act to premises
This Act applies to any agreement to rent premises anywhere, including in a caravan park regulated under the Local Government Act 1993 or a community within the meaning of the Residential (Land Lease) Communities Act 2013.
9 Employee and caretaker arrangements
(1) An agreement or arrangement under which a person is given the right to occupy premises for the purpose of a residence in return for, or as part of remuneration for, carrying out work in connection with the premises or the person’s employment is taken to be a residential tenancy agreement.(2) This section applies even if the premises are part of premises referred to in section 7 or other premises exempted from this Act by the regulations,(3) However, this section does not apply to a person employed as a manager or another full-time employee in a community within the meaning of the Residential (Land Lease) Communities Act 2013.
10 Application of Act to occupants in shared households
A person who occupies residential premises that are subject to a written residential tenancy agreement, is not named as a tenant in the agreement and who occupies the premises together with a named tenant is a tenant for the purposes of this Act only if:(a) a tenant under that agreement transfers the tenancy to the person or the person is recognised as a tenant (see Part 4), or(b) the person is a sub-tenant of a tenant under a written residential tenancy agreement with that tenant.Note.Boarders and lodgers are not covered by this Act (see section 8 (1) (c)).An occupier may be recognised as a tenant (see sections 77 and 79).
11 Declaration by Tribunal
The Tribunal may, on application by the Secretary or another person, make an order declaring that a specified agreement is, or is not, a residential tenancy agreement to which this Act applies or that specified premises are, or are not, premises to which this Act applies.Note.Under section 195, the Secretary may intervene in proceedings before the Tribunal that are brought by another person.
12 Exemptions from operation of Act
(1) The regulations may exempt from the operation of this Act or the regulations or any specified provision of this Act or the regulations any specified person, agreement or premises or any specified class of persons, agreements or premises.(2) An exemption may be unconditional or subject to conditions.