#27328
Jimmy-T
Keymaster


    @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.

    The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.