Who/what the Landlord's and Tenant Act does not cover

  • Tenants whose main place of residence is a residential park and who are covered by the Residential Parks Act 1998 (see Park and Village Service factsheets)
  • ‘protected’ tenants under the Landlord and Tenant (Amendment) Act 1948
  • residential aged-care or respite-care premises
  • serviced apartments, hotels, motels and backpackers hostels
  • hospitals and nursing homes
  • club premises used to provide temporary accommodation
  • premises used mostly for the purpose of trade, profession, business or agriculture
  • holiday parks occupation agreements
  • retirement village residence contracts
  • refuge or crisis accommodation agreements
  • boarding and lodging agreements (see Factsheet 14: Boarders and lodgers)
  • agreements giving the right to occupy residential premises for no more than 3 months for a holiday


It also does not apply:

  • where a tenant made an agreement in good faith for the sale, purchase or mortgage of the residential premises
  • where a tenant is a shareholder living in company title premises
  • where a tenancy agreement is part of an equity purchase agreement which gives the tenant an option to buy
  • to most family arrangements.