#27388
Lady Penelope
Strataguru

    Millie – I hope that you are correct but I am confused about the relevancy of the Residential Tenancies Act in this situation considering that the Office of Fair Trading seem to imply that the Residential Tenancies Act does not apply to short term holiday letting. 

    My confusion stems from this extract from their site:

    “To avoid coming under the general tenancy laws of NSW the property must ordinarily be used for holiday purposes or if not, rented for periods of no more than 3 months for the purpose of a holiday.”

    And from the Fact Sheet from Tenants NSW – Information, Advice and Advocacy. See the last bullet point which I have highlighted in bold for emphasis. 

    “Who/what the Act does not cover

    • People who own a home and rent a site in a residential park are covered by the Residential (Land Lease) Communities Act 2013. (see thenoticeboard.org.au for factsheets)
    • ‘protected’ tenants under the Landlord and Tenant (Amendment) Act 1948
    • residential aged-care or respite-care premises
    • serviced apartments, hotels, motels and backpackers hostels
    • hospitals and nursing homes
    • club premises used to provide temporary accommodation
    • premises used mostly for the purpose of trade, profession, business or agriculture
    • holiday parks occupation agreements
    • retirement village residence contracts
    • refuge or crisis accommodation agreements
    • boarding and lodging agreements (see Factsheet 14: Boarders and lodgers)
    • agreements giving the right to occupy residential premises for no more than 3 months for a holiday.”