1Where a person occupies a single room in a shared house, paying regular rent with no services provided, and the occupier is granted exclusive possession of that room (evidenced by the owner not re-entering without consent and not resuming occupation upon return), the arrangement constitutes a residential rental agreement under the RT Act, not a licence — on the facts, the absence of a written agreement, bond, or functional lock was not determinative.
2Under s 507 of the RT Act, the onus of proving that the Act does not apply rests on the party asserting that claim.
3A restraining order under ss 452 and 472 of the RT Act is discretionary; where the rented premises comprise only a bedroom in a co-owned house, the Tribunal declined to exclude the respondent from the entire property, confining the applicant's rights to exclusive possession and quiet enjoyment of the rented room only.
