Occupancy Agreement 

 1. Context of Use 

1. Typically used in shared housing situations such as rooming houses, boarding houses, and co-living spaces. 

1. Common in properties where occupants rent individual rooms and share common facilities like kitchens and bathrooms. 
   

2. Flexibility

1. Offers greater flexibility compared to residential tenancy agreements. 

1. Suitable for shorter-term stays or situations where occupants need more flexible living arrangements. 
   

3. Legal Framework

1. Governed by different legislation compared to residential tenancy agreements, typically governed by Common Law. 

1. The rights and responsibilities are defined by the specific terms of the occupancy agreement and can vary. 
   

4. Notice Periods

1. Notice periods for ending the agreement vary and are specified in the agreement. 

1. For ShareSorted properties, a minimum notice period of 4 weeks is required from the occupant. 
   

5. Rent and Services

1.  Rent typically includes utilities and may include services like cleaning and maintenance of common areas. 

1.  More common in arrangements where all-inclusive pricing simplifies budgeting for occupants. 
   

Residential Tenancy Agreement 

1. Context of Use

1. Used for standard rental arrangements where the Tenant rents an entire property (e.g., a house or apartment). 

1. Suitable for long-term living arrangements where the Tenant to provide their own furnishings and utilities.
   

2. Stability 

1. Provides stability with a fixed term, usually six months to one year, or transitions to a periodic (month-to-month) agreement after the fixed term ends. 
   

3. Legal Framework

1. Governed by the Residential Tenancies Act.

1. Clearly defines the rights and responsibilities of both tenants and landlords, including issues like maintenance, rent increases, and dispute resolution. 
   

4. Notice Periods

1. Notice periods are longer and strictly regulated. Tenants are typically required to give a minimum of 21 days' notice if on a periodic agreement or more if specified in the fixed-term agreement. 
   

5. Rent and Utilities

1. Rent usually does not include utilities, and tenants are responsible for setting up and paying for services like electricity, water, and internet. 

1. Provides more control over utility usage and costs but requires separate management of bills. 
   

Key Differences 

1. Flexibility vs. Stability 

1. Occupancy Agreement: Offers more flexibility, making it ideal for short-term stays or shared housing. 

1. Residential Tenancy Agreement: Provides more stability, making it suitable for long-term rentals of entire properties. 
   

2. Legal Protections 

1. Occupancy Agreement: Generally has fewer regulatory protections, with terms defined by the agreement itself. 

1. Residential Tenancy Agreement: Offers legal protections under the Residential Tenancies Act. 
   

3. Notice Periods

1. Occupancy Agreement: Typically has shorter, more flexible notice periods for termination. 

1. Residential Tenancy Agreement: Requires longer notice periods, providing stability for tenants. 
   

4. Utility and Service Inclusions

1. Occupancy Agreement: Rent often includes utilities and additional services. 

1. Residential Tenancy Agreement: Rent usually excludes utilities, which tenants must manage separately. 
   

Understanding the differences between occupancy agreements and residential tenancy agreements can help you choose the right type of rental contract for your needs. If you have any questions or need further assistance, please contact our support team.