Appeal from Tenancy Tribunal — rental arrears — whether tenancy arrangement was a boarding house or fixed term tenancy — Cutlers Ltd v Olivia — Saunders v Chou — Residential Tenancies Act 1986, s 66B. The appellant landlord appealed a decision of the Tenancy Tribunal finding that the agreement between himself and the respondent, who was his former tenant, was a boarding house tenancy rather than a fixed term tenancy. The court, with reference to the decision of "Cutlers Ltd v Olivia", noted that s 66B of the Residential Tenancies Act was not a deeming provision and that falling within the definition in that provision was not determinative, and that all circumstances relating to the tenancy must be considered. The court found that the Tenancy Tribunal adjudicator had correctly found that the tenancy was a boarding house tenancy having taken into consideration: the number of occupants in the house; the tenant shared a lockable room with other tenants who were unknown to him; the lack of a signed fixed tenancy agreement; and rent and bond being charged to the respondent for the individual room, rather than the rent being a single global charge that the tenants divided between them. The court found that the tenancy was a boarding house tenancy and the appeal was accordingly dismissed. Judgment Date: 18 September 2017.