Gerringong Housing Aboriginal Corporation v Williams [2022] NSWCATCD 133

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Gerringong Housing Aboriginal Corporation v Williams [2022] NSWCATCD 133 Hearing dates: 4 August 2022 Date of orders: 10 August 2022 Decision date: 10 August 2022 Jurisdiction: Consumer and Commercial Division Before: P French, Senior Member Decision: 1. The residential tenancy agreement is terminated in accordance with s 85 of the Residential Tenancies Act 2010 as the landlord has served a 90-day notice for termination of a periodic agreement. 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 30 August 2022. 4. The tenant shall pay the landlord a daily occupation fee at the rate of $23.57 per day from the day after the date for termination, namely 10 August 2022 until the date vacant. 5. Within 60 days of the date for possession of the premises specified in these orders the landlord may request the relisting of the application to determine the amount of the occupation fee owing. 6. Any application for costs is to be filed with the Tribunal and served on the other party by 23 August 2022. The application is to include any evidence and supporting submissions limited to 5 A4 pages in not less than 11point font. 7. Any reply to any application for costs is to be filed with the Tribunal and served on the other party by 7 September 2022. Any reply is to include any supporting submissions limited to 5 A4 pages in not less than 11point font. 8. The Tribunal proposes to dispense with a hearing in relation to any application for costs. The parties are to include any submission they wish to make in relation to this proposed order in any application or reply to an application for costs. 9. Any costs application must set out the grounds upon which such an order should be made having regard to s 60(1), (2) and (3) of the Civil and Administrative Tribunal Act 2013. 10. The Tribunal is satisfied that the notice of hearing has been duly served on the respondent. Catchwords: LEASES AND TENANCIES - Residential Tenancies Act 2010 (NSW) – termination of a residential tenancy agreement – 90-day no grounds termination notice – defences – retaliatory notice LEASES AND TENANCIES – words and phrases - meaning of "social housing provider" – whether agreement is a "social housing tenancy agreement" Legislation Cited: Aboriginal Housing Act 1998 (NSW), Part 5 Civil and Administrative Tribunal Act 2013 (NSW), s 60 Civil and Administrative Tribunal Rules 2014 (NSW), r 35 Companion Animals Act 1998 (NSW), Part 5 Residential Tenancies Act 2010 (NSW), ss 82, 83, 85, 115, 136, 254E, 154G Residential Tenancies Regulation 2019 (NSW), rr 22, 39 Cases Cited: Coffs Harbour and District Local Aboriginal Land Council v Lynwood [2017] NSWCA 317 Steinbeck v McDonald [2015] NSWCATAP 90 Williams v Gerringong Housing Aboriginal Corporation [2022] NSWCATAP 144 Texts Cited: Consumer and Commercial Division Guideline: Costs Category: Principal judgment Parties: Gerringong Housing Aboriginal Corporation (Applicant)