Section 13 — Residential Tenancies Act 2010 (NSW)

(1) A residential tenancy agreement is an agreement under which a person grants to another person for value a right of occupation of residential premises for the purpose of use as a residence.
(2) A residential tenancy agreement may be express or implied and may be oral or in writing, or partly oral and partly in writing.
(3) An agreement may be a residential tenancy agreement for the purposes of this Act even though—
(a) it does not grant a right of exclusive occupation, or
(b) it grants the right to occupy residential premises together with the letting of goods or the provision of services or facilities.
(4) For the purpose of determining whether an agreement is a residential tenancy agreement, it does not matter that the person granted the right of occupation is a corporation if the premises are used (or intended for use) as a residence by a natural person.

Related sections

• s 10 — Application of Act to occupants in shared households
• s 11 — Declaration by Tribunal
• s 12 — Exemptions from operation of Act
• s 14 — Landlord’s obligation to ensure written residential tenancy agreement
• s 15 — Standard residential tenancy agreements
• s 16 — Written residential tenancy agreements—Tribunal orders

Research how courts apply s 13

BriefBridge searches NSW and High Court caselaw by meaning — every answer cited to the paragraph.