New South Wales Consolidated Acts

RESIDENTIAL TENANCIES ACT 1987 - SECT 3

3 Definitions

(1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires:
"acceptable behaviour agreement" -see section 35A.
"Chairperson" means the Chairperson of the Tribunal.
"Deputy Registrar" means a Deputy Registrar of the Tribunal.
"investigator" means:

(a) an officer appointed, or taken to have been appointed, as an investigator by the Minister under section 119A, or

(b) an investigator appointed under section 18 of the Fair Trading Act 1987 .

"landlord" means the person who grants the right to occupy residential premises under a residential tenancy agreement, and includes the person’s heirs, executors, administrators and assigns.
"landlord’s agent" means a person who acts as the agent of a landlord and who (whether or not the person carries on any other business) carries on business as an agent for:

(a) the letting of residential premises, or

(b) the collection of rents payable for any tenancy of residential premises.

"member" means the Chairperson or any other full-time member or part-time member of the Tribunal.
"moveable dwelling" has the same meaning as it has in the Local Government Act 1993 .
"officer" means:

(a) the Tenancy Commissioner, or

(b) a person employed under the Public Sector Management Act 1988 as referred to in section 117B (1), or

(c) a person whose services are used in accordance with section 117B (2).

"public housing tenancy agreement" means a residential tenancy agreement under which residential premises are let by the New South Wales Land and Housing Corporation, but does not include housing let to a person in accordance with the HomeFund Restructuring Act 1993 or that is substituted for housing let in accordance with that Act.
"record" includes any book, account, document, paper and other source of information compiled, recorded or stored in written form, or on microfilm, or by electronic process, or in any other manner or by any other means.
"Registrar" means the Registrar of the Tribunal.
"regulations" means regulations made under this Act.
"rent" means an amount payable by a tenant under a residential tenancy agreement in respect of a period of the tenancy.
"rent rebate" means an amount waived or remitted, in accordance with a scheme established under any Act, from rent payable to a social housing provider.
"rental bond", in relation to a residential tenancy agreement or proposed residential tenancy agreement, has the same meaning as it has in the Landlord and Tenant (Rental Bonds) Act 1977 in relation to a lease or proposed lease.
"reservation fee" means an amount paid or required to be paid to a person in consideration for not letting residential premises pending the making of a residential tenancy agreement.
"residential premises":

(a) means any premises or part of premises (including any land occupied with the premises) used or intended to be used as a place of residence, and

(b) includes a moveable dwelling or the site on which a moveable dwelling is situated or intended to be situated (or both the moveable dwelling and the site), if the moveable dwelling is used or intended to be used as a place of residence.

"residential tenancy agreement" means any agreement under which a person grants to another person for value a right of occupation of residential premises for the purpose of use as a residence:

(a) whether or not the right is a right of exclusive occupation,

(b) whether the agreement is express or implied, and

(c) whether the agreement is oral or in writing, or partly oral and partly in writing,

and includes such an agreement granting the right to occupy residential premises together with the letting of goods.
"social housing premises" means residential premises let by a social housing provider under a residential tenancy agreement (otherwise than in the circumstances, if any, prescribed by the regulations).
"social housing provider" means any of the following:

(a) the New South Wales Land and Housing Corporation,

(b) the New South Wales Department of Housing,

(c) the Office of Community Housing of the Department of Housing,

(d) the Aboriginal Housing Office,

(e) an organisation for the time being registered with the Office of Community Housing, or under Part 5 of the Aboriginal Housing Act 1998 ,

(f) an organisation prescribed by the regulations.

"social housing tenancy agreement" means a residential tenancy agreement in respect of social housing premises, but does not include any such agreement that is of a class prescribed by the regulations as not being within this definition.
"tenancy" means the right to occupy residential premises under a residential tenancy agreement.
"Tenancy Commissioner" means the Tenancy Commissioner referred to in section 117A.
"tenant" means the person who has the right to occupy residential premises under a residential tenancy agreement, and includes the person’s heirs, executors, administrators and assigns.
"this Act" includes the regulations.
"Tribunal" means the Consumer, Trader and Tenancy Tribunal established by the Consumer, Trader and Tenancy Tribunal Act 2001 .

(2) In this Act:

(a) a reference to a function includes a reference to a power, authority and duty, and

(b) a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.

(3) In this Act:

(a) a reference to a landlord includes a reference to a tenant who has granted the right to occupy residential premises to a sub-tenant, and

(b) a reference to a tenant includes a reference to the sub-tenant of a tenant.

(4) For the purpose of determining whether an agreement is a residential tenancy agreement as defined in subsection (1), it does not matter that the person granted the right of occupation is a corporation if the premises are used (or intended for use) as a residence by a natural person.

(5) In this Act, a reference to the giving of something by a person includes a reference to the causing of that thing to be given by the person.

(6) The Chairperson may be referred to as the Chairman or Chairwoman.

(7) Notes in the text of this Act do not form part of this Act.