Residential Tenancies Amendment Act 2010

6 Act excluded in certain cases
  • (1) Section 5 is amended by repealing paragraph (h) and substituting the following paragraph:

    • (h) where the premises are used to provide accommodation to students—

      • (i) at a school hostel (being a hostel within the meaning of section 2 of the Education Act 1989); or

      • (ii) in accordance with the requirements of section 5B:.

    (2) Section 5 is amended by repealing paragraphs (k) and (l) and substituting the following paragraphs:

    • (k) where the premises—

      • (i) are 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

      • (ii) are subject to an agreement that has been entered into for the purpose of providing temporary or transient accommodation that continues to be provided under the agreement:

    • (l) where the tenant occupies the premises under an occupation right agreement within the meaning of the Retirement Villages Act 2003:.

    (3) Section 5 is amended by repealing paragraph (n) and substituting the following paragraph:

    • (n) where the premises, not being a boarding house, continue 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:.

    (4) Section 5 is amended by repealing paragraph (s) and substituting the following paragraph:

    • (s) where the tenancy agreement—

      • (i) is genuinely entered into to enable a tenant (the sublandlord) to sublet the premises to provide accommodation for other people for commercial gain or to provide accommodation for the sublandlord's employees or to provide social housing; and

      • (ii) is not entered into to provide accommodation for the sublandlord or to evade this Act or any of its provisions; and

      • (iii) expressly provides that the sublandlord will not personally occupy the premises:.

    (5) Section 5 is amended by inserting the following paragraphs after paragraph (t):

    • (ta) where the tenant occupies, under a tenancy agreement, a cabin, caravan, vehicle, tent, or other building or structure that—

      • (i) is located in a camping-ground subject to regulations under the Health Act 1956; and

      • (ii) is intended for human habitation for periods not exceeding 50 days in any continuous term of occupancy:

    • (tb) where temporary or transient accommodation is provided in a relocatable home under a tenancy agreement that has been entered into for the purpose of providing accommodation of that kind and that continues to be provided under the agreement:.

    (6) Section 5 is amended by adding the following subsections as subsections (2) and (3):

    • (2) In subsection (1)(s)(i), social housing means housing for—

      • (a) persons on low incomes:

      • (b) persons with special housing needs:

      • (c) persons whose disabilities mean that they need support or supervision in their housing.

    • (3) In subsection (1)(tb), relocatable home means a structure (other than a tent) that—

      • (a) is located in a camping-ground subject to regulations under the Health Act 1956; and

      • (b) is designed to be relocatable; and

      • (c) comprises a group of rooms occupied or intended to be occupied either permanently or temporarily as the living quarters of a single housekeeping unit (whether consisting of 1 or more persons), which is completely self-contained in respect of domestic equipment and facilities.