Residential Tenancies Act 1986, s 2 (definition, “residential premises”), s 78A
You’ll still have all the minimum protections that tenants have even if you’re renting a place that the landlord isn’t legally allowed to rent out – for example, a garage or sleep-out that doesn’t meet building safety laws.
So for example the landlord will still have to provide the place in a reasonably clean and tidy condition, and give you the right amount of notice if they want to increase the rent or get you to leave.
On the other hand, if you want to leave, you only have to give the landlord two days’ notice – not the usual four weeks (28 days).
If you and the landlord have a dispute and go to the Tenancy Tribunal, there are special rules about what the Tribunal can do:
The Tribunal can order the landlord to do the things needed to make the property legal – for example, complying with fire safety requirements.
They can order the landlord to repay you some or all of the rent you’ve paid. On the other hand, the Tribunal will only order you to pay unpaid rent if they think it would be unfair to the landlord if they didn’t make you pay.
They can order the landlord to pay you a special penalty of up to $4,000 (this is called “exemplary damages”).
They can end the tenancy.