5B Exempt student accommodation

(1)

For the purposes of section 5(1)(h)(ii), this Act does not apply to premises if—

(a)

the premises are used to provide accommodation exclusively for students of 1 or more tertiary education providers; and

(b)

the premises are owned or operated by a person (an accommodation provider) who is—

(i)

a tertiary education provider; or

(ii)

a person who has entered into a written agreement of the kind described in subsection (5) with each tertiary education provider whose students are accommodated at the premises; and

(c)

the accommodation provider complies with subsections (2) to (4).

(2)

The accommodation provider must provide services to the students accommodated in the premises that are over and above the services that a landlord must provide under Part 2 or 2A.

(3)

The accommodation provider must have in place house rules that aim to create an environment that fosters personal development and encourages a sense of community and association with fellow students.

(4)

The accommodation provider must take all reasonable steps to ensure that prospective and current student tenants are made aware of, and have access to copies of, the house rules.

(5)

An agreement referred to in subsection (1)(b) is one that sets out—

(a)

the rights and obligations of the accommodation provider and the tertiary education provider; and

(b)

a dispute resolution process by which disputes between the accommodation provider and the tertiary education provider may be resolved.

(6)

In this section, tertiary education provider has the same meaning as in section 10(1) of the Education and Training Act 2020.

Section 5B: inserted, on 1 October 2010, by section 7 of the Residential Tenancies Amendment Act 2010 (2010 No 95).

Section 5B(6): replaced, on 1 August 2020, by section 668 of the Education and Training Act 2020 (2020 No 38).