NSW NCAT - Definition of Occupant?

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CrispyOz

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11 April 2016
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Several acts refer to an 'occupant' and/or 'occupancy', however I see no specific definition in any of these acts that define exactly who is considered an occupant. I'm referring to the strata schemes management act, freehold development act, real property act residential tenancies act and the associated regulations.

Have I missed something or is there some ncat or court case that has defined these terms? To be considered an occupant does one have to reside in a premises for a specific number of days? Is it sufficient to simply store some items of clothing and/or personal effects in a residence without actually staying there?

I'm looking for the specific regulation, court case, ncat ruling, etc
 

Rod

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The meaning likely varies depending on the Act.

Laws often have different definitions depending on the context.

Occupiers are not to be confused with boarders and lodgers.

If you do not have exclusive possession of at least some part of the residence chances are you a boarder or lodger.

More information on your circumstances help us refine our answers.
 

CrispyOz

Member
11 April 2016
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0
1
Australia
The meaning likely varies depending on the Act.

Laws often have different definitions depending on the context.

Occupiers are not to be confused with boarders and lodgers.

If you do not have exclusive possession of at least some part of the residence chances are you a boarder or lodger.

More information on your circumstances help us refine our answers.

Thanks for your reply Rob, but the matter pivots on the legal definition of occupant. In strata occupants have certain rights, lodgers do not. Hence the necessity for a definitive answer.
 

Rod

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Under the Strata Act you have to be the owner or tenant (on lease most likely).