#27570
Millie
Flatchatter

    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