New South Wales Consolidated Acts

RESIDENTIAL TENANCIES ACT 1987 - SECT 6

6 Agreements and premises to which Act does not apply

(1) This Act does not apply to a residential tenancy agreement:

(a) if the tenant is a party to an agreement made in good faith for the sale or purchase of the residential premises,

(b) if the agreement arises under a mortgage made in good faith in respect of the residential premises,

(c) if the agreement arises under a company title scheme under which:

(i) a group of adjoining or adjacent premises is owned by a corporation, and

(ii) the premises are let by the corporation to persons who jointly have a controlling interest in the corporation,

(c1) if the agreement is a residence contract within the meaning of the Retirement Villages Act 1999 ,

(d) if the tenant is a boarder or a lodger, or

(e) if the agreement is made in good faith for the purpose of giving a person a right to occupy residential premises (not being premises ordinarily used for holiday purposes) for a period of not more than 2 months for the purpose of a holiday.

(2) This Act does not apply to:

(a) premises to which Parts 2, 3, 4 and 5 of the Landlord and Tenant (Amendment) Act 1948 apply,

(b) any part of a hotel or motel,

(c) any premises ordinarily used for holiday purposes,

(d) any part of an educational institution, hospital or nursing home,

(e) any part of a club,

(f) any premises used to provide residential care within the meaning of the Aged Care Act 1997 of the Commonwealth.

(3) Nothing in subsection (2) applies to any part of premises referred to in paragraph (b), (c), (d), (e) or (f) of that subsection if the part is used solely as a place of residence by a person employed as a caretaker for the premises or in any similar capacity.