TOORA WOMENS INC v VARIOUS TENANTS (Residential Tenancies)

The parties involved in this case were Toora Womens Inc, an applicant, and various tenants, the respondents. The nature of the dispute involved the interpretation and application of the Residential Tenancies Act 1997 (Vic) in relation to the difference between a residential tenancy agreement and an occupancy agreement. The dispute was heard and determined by the Victorian Civil and Administrative Tribunal.

The primary legal issues the court was required to decide related to whether the agreements in question were residential tenancy agreements or occupancy agreements, and whether the terms of the agreements were inconsistent with the standard terms, the Act, and the requirements for supported accommodation services. The court also needed to determine if the agreements were void due to the inconsistencies identified.

In reaching its decision, the court noted that the agreements in question contained terms inconsistent with the standard terms of the Residential Tenancies Act 1997, as well as terms that were inconsistent with the Act itself. The court further found that the agreements did not meet the criteria for supported accommodation services. The court concluded that the agreements were not residential tenancy agreements but rather occupancy agreements. However, due to the inconsistencies and the failure to meet the requirements for supported accommodation services, the agreements were deemed void. The court ordered that the applicant consider its position in light of the reasons given and listed the matter for further directions.

The final orders included an invitation for the applicant to consider its position in light of the reasons given by the court, and the matter was listed for further directions on 29 January 2020 at 9:30am.