BUCKLEY & BANGASH (Residential Tenancies)

ACT CIVIL & ADMINISTRATIVE TRIBUNAL

BUCKLEY & BANGASH (Residential Tenancies) [2012] ACAT 6

AA 12/01

Catchwords:             RESIDENTIAL TENANCIES – termination of verbal occupancy agreement – classification of arrangement: occupancy or residential tenancy – application for leave to appeal out of time – explanation of delay in filing appeal – date from which the appeal period started – considerations for granting leave out of time – issue of procedural fairness in the original proceeding – appeal is not to be for delaying  the execution of the original tribunal order or for just seeking the appeal tribunal to have a view different from that of the original tribunal

List of legislation:     ACT Civil and Administrative Tribunal Act 2008, s.6 (objectives)

Residential Tenancies Act 1997

List of Regulations:  ACT Civil and Administrative Tribunal Rules 2009, Rule 14

List of cases:            Conteh v. Fan (Residential Tenancies) [2011] ACAT 45

Tribunal:                  Mr C.G Chenoweth, Acting Presidential Member

Date of Orders:  25 January 2012

Date of Reasons for Decision:       25 January 2012

AUSTRALIAN CAPITAL TERRITORY  )

CIVIL & ADMINISTRATIVE TRIBUNAL     )          AA 12/01

BETWEEN:

LINDA BUCKLEY

Applicant

AND:

MARIE BANGASH

Respondent

TRIBUNAL:            Mr C.G Chenoweth, Acting Presidential Member

DATE:  25 January 2012

ORDER

The application for leave to appeal out of time and the application for the stay order are refused.

………………………………..

Mr C.G Chenoweth,

Acting Presidential Member

REASONS FOR DECISION

1. This is an application for leave to appeal out of time against a decision (“the order”) of the ACT Civil and Administrative Tribunal (“the tribunal”), made on 6 December 2011 by Presidential Member Stefaniak. The application also seeks a stay of the order.

Background

1. The respondent owns a house in Deakin, ACT. She has spare accommodation in her house, which she offered to rent through the University Accommodation Services at the Australian National University. Under "Property Type", the facility was advertised as "Granny Flat." Under additional information, it was described as a "Fully furnished and equipped granny flat." The notification indicated that the facility was available from 5 September 2011 until

   
   

   5 September 2012. It also gave particulars of the rent expected and further details about the facilities available.

2. The respondent entered into a verbal agreement with the appellant to allow the appellant to use the facility. It appears that this commenced on

   
   

   5 September 2011. On 10 November 2011, the respondent sent a letter by hand to the appellant, indicating that while the arrangement had not been reduced to writing, in return for payment of the agreed rent the appellant was entitled to occupy one bedroom at the back of the house, which had some sort of vestibule attached, together with the bathroom and toilet which were adjacent to the bedroom, and a car parking space in the garage. The letter also noted that the arrangement involved the respondent sharing the use of the shower located in the bathroom, twice per week.

3. The letter went on to note that after 2 1/2 months, the respondent had reviewed the situation and her needs,…