NSW Land and Housing Corporation v Boyd [2022] NSWCATCD 11

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: NSW Land and Housing Corporation v Boyd [2022] NSWCATCD 11 Hearing dates: 9 February 2022 Date of orders: 10 February 2022 Decision date: 10 February 2022 Jurisdiction: Consumer and Commercial Division Before: G Blake AM SC, Senior Member Decision: (1) The proceedings are dismissed. Catchwords: LEASES AND TENANCIES – Residential Tenancies Act 2010 (NSW) — whether a termination order should be made by reason of the frustration of the residential tenancy agreement due to the premises being wholly uninhabitable Legislation Cited: Residential Tenancies Act 2010 (NSW) Cases Cited: De Soleil v Palmhide Pty Ltd [2010] NSWCTTT 464 Roberts v NSW Aboriginal Housing Office [2017] NSWCATAP 9 Stokes v Zarimis [2021] NSWCATCD 23 Taylor v Reilly [2021] NSWCATCD 74 Texts Cited: Nil Category: Principal judgment Parties: NSW Land and Housing Corporation (Applicant) Judith Ann Boyd (Respondent) Representation: Solicitors: Department of Communities and Justice (Applicant) Marrickville Legal Centre (Respondent) File Number(s): SH 21/48900 Publication restriction: Nil

REASONS FOR DECISION

Overview 1. In these proceedings the applicant, NSW Land and Housing Corporation, which is a social housing provider and the landlord, seeks termination and possession orders against the respondent, Judith Ann Boyd, who is the tenant of premises at Strathfield (the premises) under a residential tenancy agreement between them. 2. I have decided to dismiss the proceedings.