Students in residential colleges and halls of residence

Premises used principally as a residential college or hall of residence for students are excluded from the Residential Tenancies Act 2010 (RT Act 2010) (Residential Tenancies Regulation 2010, clause 20(1)). To be excluded, the premises must be located within an educational institution, or owned by the institution, or provided by another party under a written agreement with the institution (clause 20(1)(a)-(c)). On the other hand, the landlord can agree not to be excluded; furthermore, the exclusion does not apply if the landlord has applied for a subsidy under the National Rental Affordability Scheme (clause 20(2)).

This is changed

The RT Act 1987 excluded ‘any part of an educational institution’ (section 6(2)(d)), which was a wider exclusion.