RESIDENTIAL TENANCIES ACT 1995 - SECT 5
RESIDENTIAL TENANCIES ACT 1995 - SECT 5
(1) This Act does not
apply to—
(a) an
agreement giving a right of occupancy in—
(i)
a hotel or motel; or
(ii)
an educational institution, college, hospital or nursing
home; or
Example—
An agreement under which a right of occupancy is given to a student in
accommodation provided within an educational institution or college would not
be an agreement to which this Act applies (but this Act would apply, subject
to this Act, to an agreement under which a right of occupancy is given to a
student in accommodation that is not within an educational institution or
college).
(iii)
club premises; or
(iv)
a home for aged or disabled persons administered by an
eligible organisation under the Aged or Disabled Persons Care Act 1954 of
the Commonwealth; or
(v)
a retirement village within the meaning of the
Retirement Villages Act 2016 (other than an agreement of a kind referred
to in section 57 of that Act); or
(vi)
a supported residential facility within the meaning of
the Supported Residential Facilities Act 1992 ; or
(vii)
prescribed premises, or premises of a prescribed class;
or
(ab) an
agreement to which the Residential Parks Act 2007 applies; or
(b) an
agreement (other than a rooming house agreement) under which a person boards
or lodges with another; or
(c) an
agreement genuinely entered into for the purpose of conferring on a person a
right to occupy premises for a holiday; or
(d) an
agreement conferring a right to occupy premises for the purpose of residence
but under which no rent is payable; or
Example—
An agreement under which families exchange houses for an agreed period would
not be a residential tenancy agreement if no rent were payable under the
agreement.
(e) an
agreement for the sale of land that confers a right to occupy premises for a
period of 28 days or less on a party to the agreement; or
(f) a
mortgage; or
(g) an
agreement arising under a scheme in which—
(i)
a complex of adjacent premises is owned by a company; and
(ii)
the premises are let by the company to persons who
jointly have a controlling interest in the company; or
(h) a
prescribed agreement or an agreement of a prescribed class.
(1a) The regulations
may exclude prescribed classes of agreements that relate to land owned (wholly
or in part) by the South Australian Housing Trust, or by a subsidiary of the
South Australian Housing Trust, from the operation of subsection (1)(e).
(1b) For the purposes
of this Act, an agreement conferring a right to occupy premises for a fixed
term of 60 days or longer is to be taken, in the absence of proof to the
contrary, not to be an agreement referred to in subsection (1)(c).
(1c) For the purposes
of this Act, a residential tenancy agreement for residential premises in a
prescribed retirement village is to be taken not to be an agreement under
which a person boards or lodges with another.
(2) The following
provisions of this Act (and only those provisions) apply to
residential tenancy agreements under which the South Australian Housing Trust
or a subsidiary of the South Australian Housing Trust is the landlord, to
residential tenancies arising under those agreements and to related
disputes—
(a) Part
3 ( South Australian Civil and Administrative Tribunal );
(ab)
Section 65 ( Quiet enjoyment );
(b)
Section 66 ( Security of premises );
(c)
Section 71 ( Tenant's conduct );
(ca)
Section 87 ( Termination on application by landlord );
(cb)
Section 89A ( Termination based on domestic abuse );
(d)
Section 90 ( Tribunal may terminate tenancy where tenant's conduct
unacceptable );
(e)
Section 93 ( Order for possession );
(f)
Section 99 ( Enforcement orders for possession );
(g)
Division 3 of Part 8 ( Powers of the tribunal );
(h)
Division 4 of Part 8 ( Representation ).