• 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.