Talbot v Homes North Community Housing Co Ltd [2021] NSWCATCD 122

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Talbot v Homes North Community Housing Co Ltd [2021] NSWCATCD 122 Hearing dates: 5 November 2021 Date of orders: 8 December 2021 Decision date: 08 December 2021 Jurisdiction: Consumer and Commercial Division Before: P French, General Member Decision: (1) The application is dismissed. Catchwords: LAND LAW — Residential Tenancies Act 2010 — Whether tenant unlawfully dispossessed of rented premises — Whether landlord liable to pay tenant compensation for household goods disposed of by the landlord on it recovering possession Legislation Cited: Residential Tenancies Act 2010 (NSW) Residential Tenancies Regulation 2019 (NSW) Uncollected Goods Act 1995 (NSW) Cases Cited: Nil Texts Cited: Nil Category: Principal judgment Parties: Katalena Talbot (Applicant) Homes North Community Housing Co Ltd (Respondent) Representation: Northern Aboriginal Tenants Advice and Advocacy Service (Applicant) R Cook (Senior Client Relations Officer) (Respondent) File Number(s): SH 21/35910 Publication restriction: Nil

REASONS FOR DECISION

Introduction 1. This is an application by Katalena Talbot (the tenant) for orders pursuant to section 187(1)(a) and (b) of the Residential Tenancies Act 2010 (RT Act) that would have the effect of requiring Homes North Community Housing Co Ltd (the landlord) to reinstate her possession of rented premises on the basis that she has been unlawfully dispossessed of those premises. The applicant also applies for an order pursuant to section 187(1)(d) of the RT Act that would require the landlord to pay her $15,000.00 in compensation for household goods she claims the landlord disposed when it unlawfully took possession of the premises. This application was made to the Tribunal on 18 August 2021 (the application). 2. For the reasons set out following the Tribunal is not persuaded that the applicant was unlawfully dispossessed of the premises. The facts establish that the tenant, alternatively, abandoned the premises following the issuing to her by the landlord of a termination notice on the ground of not payment of rent, or that she repudiated the agreement and this was accepted by the landlord. The residential tenancy agreement was thus terminated in accordance with section 81(4)(d) or (g) of the RT Act. The tenant later changed her mind and wanted to reinstate her tenancy, but the landlord had no obligation to agree to this. Nor is the Tribunal persuaded that the landlord disposed of the tenant's household goods otherwise than in accordance with the requirements of Part 3 of the UG Act upon it recovering possession of the premises. Any loss the tenant suffered is therefore the result of her own conduct in failing to collect her possessions. The application has therefore been dismissed.