St George Community Housing Limited v Kapsalis [2022] NSWCATCD 28

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: St George Community Housing Limited v Kapsalis [2022] NSWCATCD 28 Hearing dates: 8 February 2022 Date of orders: 16 February 2022 Decision date: 16 February 2022 Jurisdiction: Consumer and Commercial Division Before: M Eftimiou, General Member Decision: The application is dismissed. Catchwords: LEASES AND TENANCIES — Residential tenancy — Social Housing tenancy agreement — s154E Exercise of Discretion Legislation Cited: Residential Tenancies Act 2010 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: Nil Texts Cited: Nil Category: Principal judgment Parties: St George Community Housing Limited (Applicant) Christos Kapsalis (Respondent) Representation: Ms Soward (Applicant) Mr Ahern (Respondent) File Number(s): SH 21/46510 Publication restriction: Nil

REASONS FOR DECISION

Overview 1. By application filed with the Tribunal on 15 October 2019 the applicant landlord sought termination of the residential tenancy agreement pursuant to section 92 of the Residential Tenancies Act 2010 (RTA). 2. The matter has been delayed primarily due to the parties awaiting the outcome of criminal proceedings against the tenant. The application raises the question of whether a termination order should be made under section 92 of the (RTA), having regard to the matters set out in section 154E of that Act. The conduct upon which the landlord relies may be summarised as the tenant sending sexually explicit material to an employee of the landlord. 3. Having considered the evidence and the submissions of both parties, the Tribunal determined that in the exercise of discretion the residential tenancy should not be terminated.