Application of residential tenancy laws

Who is covered by residential tenancy laws

These groups are covered:

• private tenants
• sub-tenants of a tenant under a written tenancy agreement with the tenant
• social housing tenants (some exemptions apply for certain matters)
• people who rent a home in a residential land lease community
• people who rent a villa (like a private tenant) in a retirement village.

Who is not covered by residential tenancy laws

These groups are not covered:

• homeowners in residential land lease communities
• ‘protected’ tenancies (see Tenants' Union protected tenants fact sheet for more information).
• residents in aged-care, nursing homes or retirement villages
• boarders or lodgers
• tourists and visitors in serviced apartments, hotels, motels and backpacker hostels
• people who have a holiday park occupation agreement
• people who live in refuge or crisis accommodation
• people with a short-term rental accommodation arrangement in residential properties for a period of no more than three months for a holiday.

This isn’t a complete list of excluded people. Ask NSW Fair Trading for more information.