Aquino v SPL Living Pty Ltd

The applicants, Aquino, brought an application before the NSW Civil and Administrative Tribunal for a declaration that an occupancy agreement for a room in a house was a residential tenancy agreement under the Residential Tenancies Act 2010. The respondents, SPL Living Pty Ltd, opposed the application. The dispute centred on whether the premises were a boarding house, and if so, whether the occupancy agreement was a residential tenancy agreement. The Tribunal considered the nature of the agreement, the number of people sharing the premises, and the presence of uncollected goods within the premises.

The legal issues the court had to decide were whether the premises were a boarding house and, if so, whether the occupancy agreement constituted a residential tenancy agreement. The court examined the definitions of 'residential tenancy agreement' and 'boarding house' under the Act and considered the factual circumstances of the case. The court also needed to determine whether the presence of uncollected goods within the premises affected the classification of the agreement.

The Tribunal found that the premises were a boarding house because it was a single dwelling with three or more people residing there, and the applicants had no exclusive use of any part of the premises. However, the Tribunal concluded that the occupancy agreement was a residential tenancy agreement because it was an agreement for the occupancy of premises for the purposes of residence. The presence of uncollected goods within the premises did not affect the classification of the agreement. Consequently, the application was successful in part, and the Tribunal declared that the agreement was a residential tenancy agreement. The application was dismissed in all other respects.