Australia, June 16 -- New South Wales Land and Environment Court issued text of the following judgement May 16:

1. THE COURT: The application currently before the Court is the latest chapter in a long running dispute between Mr Vasily Shapkin and the University of Sydney concerning the question whether the University acted lawfully when it evicted Mr Shapkin on 27 September 2022 from student accommodation provided by it on the grounds of misconduct. The answer to that question turns on whether Mr Shapkin's residence in that accommodation was governed by the Residential Tenancies Act 2010 (NSW) (the RT Act).

Background

2. Mr Shapkin was at the time of his eviction undertaking a Master of Laws degree at the University. The accommodation in question consisted of a room in a terrace house located in Darlington Road, Darlington, adjacent to the Economics and Business building at the University's main campus in Camperdown and Darlington. Mr Shapkin shared the house with two other undergraduate students. It appears the terrace house comprised half of a single building. The other half was owned privately by Mr Terence Lord. The terrace house was one of 39 properties in Darlington Road that were owned by the University, most of which are used for student accommodation. In all, the University provides accommodation for approximately 1900 students in various types of facilities and residences that are managed by a department of the University known as Student Accommodation Services.

3. The terms on which Mr Shapkin occupied the room were governed by a document titled "Residential Agreement Acknowledgement" (the RAA) dated 19 April 2022 that had been signed by Mr Shapkin.

4. The RAA relevantly provided:

You are entering into a legal agreement with the [University] to become a lodger in the Facility as follows:

Term: For the period from 2.00pm on 20/04/2022 ("Commencement Date") to and including 10.00am on 05/12/2022 ("Termination Date")

Facility: Darlington Terrace (DT)

Room Type: You may occupy a Single Room - Medium room in the Facility;

Room Fee: You must pay the Room Fee of $243.00 for the week (or part thereof) from and including the Commencement Date to and including the Termination Date;

Acceptance Fee: You must pay a non-refundable Acceptance Fee of $200; and

Deposit: $972.00

You further acknowledge that the following documents comprise the Residential Agreement that you have entered into and that you have received and read a copy of each of these documents:

1. The Residential Agreement Details (General Information); and

2. The Residential Agreement Terms and Conditions

You acknowledge and agree that:

You have received and read a copy of this Residential Agreement Acknowledgment and the Residential Agreement Terms and Conditions (collectively referred to as the 'Residential Agreement');

...

Your right to reside in the Facility is subject to the terms and conditions which are set out in the Residential Agreement.

By clicking the "I Agree" button and signing in the space provided below, you will be entering into a legally binding Residential Agreement with the University.

5. The Terms and Conditions relevantly provided:

1. Grant of licence

(a) The University of Sydney (ABN 15 211 513 464) (University) grants to the Resident for the Term a licence to reside in a room in the Residence as a lodger and use the Common Areas on the terms and conditions set out in this Agreement and the Resident accepts that grant.

(b) The licence referred to in clause 1(a):

(i) is not exclusive as against the University;

(ii) does not give the Resident any tenancy, estate or interest in all or any part of the Room or the Residence;

(iii) is personal and must not be assigned; and

(iv) may not be sublicensed by the Resident without the prior written consent of the University.

(c) The parties acknowledge that the Residential Tenancies Act 2010 (NSW) (Act) does not apply to this Agreement because this Agreement is of a kind referred to in section 8 of the Act and/or the Residence is exempted from the operation of the Act under clause 31 of the Residential Tenancies Regulation 2019 (NSW) or section 7 of the Act.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/196b2feb2275308487020505)

Disclaimer: Curated by HT Syndication.