NSW Land and Housing Corporation v Lea [2021] NSWCATCD 54

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: NSW Land and Housing Corporation v Lea [2021] NSWCATCD 54 Hearing dates: 4 December 2020 Date of orders: 4 January 2021 Decision date: 04 January 2021 Jurisdiction: Consumer and Commercial Division Before: M Eftimiou, General Member Decision: 1. The residential tenancy agreement is termination in accordance with section 91(1)(a) of the Residential Tenancies Act 2010. 2. The residential tenancy agreement is terminated immediately and possession is to be given to the landlord on the date of termination. 3. The order for possession is suspended until 31 March 2021. Catchwords: LEASES AND TENANCIES — Residential Tenancies Act 2010 (NSW) — Social housing — Use of premises for an illegal purpose — Undue hardship — Suspension of the order for possession Legislation Cited: Residential Tenancies Act 2010 (NSW) Drug Misuse and Trafficking Act 1985 (NSW) Anti Discrimination Act 1977 (NSW) Cases Cited: Rowland v NSWLH [2020] NSWCATP 139 Orr v NSW Land and Housing Corporation [2018] NSWCATAP 237 NSW Land and Housing Corporation v Thurlow [2010] NSWCA 11 Category: Principal judgment Parties: NSW Land and Housing Corporation (Applicant) Jayne Lea (Respondent) Representation: NSW Land and Housing Corporation (Applicant) Grace-Crawley Shaw (Respondent) File Number(s): SH20/38675 Publication restriction: NIL

REASONS FOR DECISION

Reasons for Decision: 1. The applicant landlord sought an order for termination and possession of the premises based upon Section 91 (1) (a) of the Residential Tenancies Act 2010. The respondent tenant opposed the application. There was no dispute that there is a residential tenancy agreement between the parties, the application has arisen out of that tenancy agreement and the Tribunal has jurisdiction to hear and determine the matter. 2. The application for termination and possession was lodged by the landlord on 12 December 2019. On 12 May 2020 the Tribunal made orders terminating the tenancy and giving vacant possession to the landlord (SH19/55532). The tenant appealed the decision of the Tribunal to the Appeal Panel (AP20/28765). On 11 September 2020 by Consent of the parties the decision made in matter SH19/55532 on 12 May 2020 was set aside and remitted to the Tribunal for rehearing. 3. On 23 September 2020 the Tribunal made procedural directions for the filing and serving of documents. The landlord has complied with those directions. The tenant has failed to comply with the directions. The tenant sought leave to rely on additional material filed with the Tribunal at 9pm on 3 December 2020. The Tribunal granted a short adjournment to allow the landlord to consider the material. The landlord did not object to the material being tendered and the Tribunal granted leave to the tenant to file additional material. 4. The landlord sought to rely on a folder of documents numbered page 1- 127. The Tribunal has marked the folder Exhibit A. The tenant sought to rely on documents folioed 1-7 with additional documents filed today folioed 8-10. The Tribunal has marked the tenant's documents Exhibit R.