Mere knowledge by a landlord that a person resides at premises is insufficient to create an implied co-tenancy agreement; much more is required to infer an intention to enter a contractual relationship conferring rights and imposing obligations. Even if an implied co-tenancy existed, unequivocal abandonment of premises by one co-tenant, accepted by the other parties, can constitute termination by implied agreement under s 217 of the Residential Tenancies Act 1997 (Vic). For aggravated burglary sentencing, little benefit is gained from arguments drawing attention to the absence of aggravating features not present in the offending.
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