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@pielover said:
I thought the RTA was explicitly ‘3 months or more’ ?
I can’t find any reference to “three months or more.” However, the minimum notice a landlord can give to terminate a fixed term lease is 30 days so that, by default, establishes that 30 days is the minimum term of a residential let (in the absence of any other legal definition).
If anyone else can find a legally enforceable definition of residential as being a certain number of days, please post the link here. I’d rather be proved wrong if it means we get the right information.
Any Sydney councils LEP state 3 months (as I have not seen any)?
I am going by a City of Sydney Development Approval for a high-rise near me which specifies residential lets as being for no less than three months. Other councils may have different definitions.
RESTRICTION ON RESIDENTIAL DEVELOPMENT
The following restriction applies to buildings approved for residential use:
(a) The accommodation portion of the building must be used as
permanent residential accommodation only and not for the purpose of a
hotel, motel, serviced apartments, private hotel, boarding house, tourist
accommodation or the like, other than in accordance with the Sydney
Local Environmental Plan 2012.
(b) A restrictive covenant is to be registered on the title of the development
site in the above terms and restricting any change of use of those levels
from residential accommodation as defined in Sydney Local
Environmental Plan 2012. The covenant is to be registered on title prior to
an Occupation Certificate being issued or the use commencing, whichever
is earlier, to the satisfaction of the Council. All costs of the preparation and
registration of all associated documentation are to be borne by the
applicant.
(c) If a unit contains tenants, it must be subject to a residential tenancy
agreement for a term of at least three months.
(d) No person can advertise or organise the use of residential apartments
approved under this consent for short term accommodation or share
accommodation.
If a council LEP doesn’t, does it ‘default’ to the RTA ?
In the absence of any other specific definition, the RTA minimum is all you have.