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Hi Jane
Short-term tourist/visitor letting agreements are definitely not residential tenancy agreements. One NCAT adjudicator, D Charles, remarked in giving Orders that the NSW Legislation is “crystal clear”:
“The Tribunal notes that as between the respondent and those occupying his premises under short term tourist or visitor accommodation agreements the Residential Tenancies Act 2010 (RTA) does not apply: see, particularly, section 7 and section 8(h) of the RTA.”
Section 7 – click here
Section 8 – click here
Thus, if the Development Approval says that all residential lots must be occupied by an owner/occupier or someone holding a residential tenancy agreement, short term lets would be – in the City of Sydney’s words – an “unlawful use of premises”. There goes the mandatory building insurance should someone be injured or worse, or should a major incident be provoked by someone occupying without a residential tenancy agreement.
Hope this helps