NSW Land and Housing Corporation v Barber [2022] NSWCATCD 188

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: NSW Land and Housing Corporation v Barber [2022] NSWCATCD 188 Hearing dates: 13 September 2022 Date of orders: 29 September 2022 Decision date: 29 September 2022 Jurisdiction: Consumer and Commercial Division Before: S Sutherland, Tribunal Member Decision: 1. The application for termination of the tenancy and possession of the property to the landlord is dismissed. 2. The tenant must comply with the terms of the residential tenancy agreement by complying with clause 13.1 of the agreement and not use the residential premises, or cause, or permit the premises to be used, for any illegal purpose. 3. If these orders are not complied with by the tenant, at any time before 28 September 2023, the landlord may request the re-listing of this application to determine whether the tenancy should be terminated Catchwords: LEASES AND TENANCIES – Termination and possession – breach of residential tenancy agreement - conviction for drug supply – small quantity – personal circumstances – Section 87 -whether the breach in the circumstances - is sufficient to justify termination – Discretion to terminate – Section 154E Legislation Cited: Residential Tenancies Act, 2010; ss 87, 154E Cases Cited: NSW Land and Housing Corporation v Traynor [2021] NSWCATAP 383 NSW Land and Housing Corporation v Raglione [2015] NSWCATAP 75 Kelly v NSW Land & Housing Corporation [2018] NSWCATAP 151 Texts Cited: Nil Category: Principal judgment Parties: NSW Land and Housing Corporation (applicant) April Barber (respondent) Representation: Suzanne Hook, advocate for the respondent Respondent (self-represented) File Number(s): SH 22/08427 Publication restriction: Nil