Australia, June 20 -- New South Wales Land and Environment Court issued text of the following judgement on May 19:

1. This is an internal appeal under s 80(2) of the Civil and Administrative Tribunal Act 2013 against a decision made in the Consumer and Commercial Division of the Tribunal on 8 January 2025.

2. The application to the Tribunal was brought by respondent whom we will refer to as the landlord against the appellant whom we will refer to as the tenant.

3. For the reasons set out below, we have decided to dismiss the appeal.

Background

4. The parties entered into a residential tenancy agreement on 9 May 2024. The market rent was $315.00 per week but, as Mr Butto is a social housing tenant, the subsidised rent he is required to pay is $132.65 per week.

5. On 5 November 2024 the landlord issued a Termination Notice to the tenant for breach of the tenancy agreement by failing to pay rent and water on time.

6. The Notice records the tenant owed $2583.65 in rent and $89.05 for water, as at 2 November 2024.

7. The Termination Notice was served by post on 5 November 2024.

8. The tenant has not vacated.

Tribunal proceedings and decision

9. On 5 December 2024 the landlord lodged an application with the Tribunal seeking termination of the tenancy due to non-payment of rent, and vacant possession.

10. The matter was first listed before the Tribunal on 8 January 2025.

11. The Tribunal made the following orders on 8 January 2025:

1) The Tribunal makes an order under section 87 of the Residential Tenancies Act 2010, terminating the residential tenancy agreement immediately, as the tenant has breached the agreement, by failing to pay rent or charges.

2) The Tribunal orders the Residential Tenancy Agreement is terminated immediately and vacant possession is to be given to the landlord on the date of termination.

3) The Tribunal makes an order under section 114(2) of the Residential Tenancies Act 2010, that the order for possession is suspended until 22 January 2025.

4) The tenant is to pay the landlord a daily occupation fee, at the rate of $18.95, per day from the day after the date of termination, 09 January 2025 until the date vacant possession is given.

5) The landlord may request the relisting of this application, to determine the occupation fee, owing, within 60 days from the date of possession.

6) The landlord's agent is to advise the tenant in writing

a. by the delivery of a letter to the premises, by 08 January 2025 06:00 PM of the orders made today.

7) The Tribunal orders that the respondent Abrahim Butto, is to pay the applicant New South Wales Land and Housing Corporation, the sum of $3,646.85, immediately.

Details of the Money order:

1. Rent arrears to 8 January 2025 $3,334.35

2. Water Arrears to 8 January 2025 $312.50

12. The Tribunal gave oral reasons for the decision.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/196d7ac46b78bfb0f38e9063)

Disclaimer: Curated by HT Syndication.