The Young WOMEN'S Christian Association of Canberra v Carne (Residential Tenancies)

The Young Women’s Christian Association of Canberra brought an application before the Civil and Administrative Tribunal of the ACT seeking termination of a residential tenancy agreement and possession of the premises. The respondent, Carne, argued that the agreement was not a residential tenancy agreement but rather an occupancy agreement and that she was a boarder, not a lodger. The central issue before the Tribunal was whether the agreement between the parties constituted a residential tenancy agreement or an occupancy agreement, and whether Carne was a lodger or a boarder. The Tribunal needed to determine the nature of the agreement and the classification of Carne’s status to decide whether the respondent had the right to terminate the agreement and evict Carne.

The Tribunal examined the terms of the agreement and found that it did not explicitly state whether it was a residential tenancy agreement or an occupancy agreement. However, the Tribunal considered the nature of the accommodation provided and the circumstances of the agreement. The Tribunal found that the accommodation provided by the Young Women’s Christian Association of Canberra was supported accommodation, which indicated that the agreement was more likely to be a residential tenancy agreement rather than an occupancy agreement. The Tribunal also found that Carne was a boarder rather than a lodger, as she was provided with meals and shared living spaces, which was more consistent with the provision of supported accommodation under a residential tenancy agreement.

Based on the above findings, the Tribunal concluded that the agreement was a residential tenancy agreement, and Carne was a boarder. The Tribunal further held that the Young Women’s Christian Association of Canberra had not provided Carne with a statement of account, which was a requirement under the Residential Tenancies Act 1997 (ACT). As a result, the Tribunal dismissed the application for Termination and Possession and ordered that the application be dismissed.

The Tribunal did not make any further orders in the case. The decision provides clarity on the classification of agreements and the status of occupants in supported accommodation arrangements, which is relevant for both landlords and tenants in the ACT.