Muscat v Moffatt [2023] NSWCATCD 8

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Muscat v Moffatt [2023] NSWCATCD 8 Hearing dates: 12 January 2023 Date of orders: 17 January 2023 Decision date: 17 January 2023 Jurisdiction: Consumer and Commercial Division Before: P French, Senior Member Decision: (1) The Residential Tenancy Agreement is terminated in accordance with s 87 of the Residential Tenancies Act 2010 as the tenant has breached the agreement by failing to pay rent in accordance with that agreement. (2) The Tribunal is satisfied in accordance with s 89(5) the tenant has frequently failed to pay rent owing for the residential premises. (3) The Residential Tenancy Agreement is terminated immediately, and possession is given to the landlords on the date of termination. (4) The order for possession is suspended to 7 February 2023. (5) The tenant shall pay the landlords a daily occupation fee at the rate of $54.28 per day from the day after the date of termination, namely 18 January 2023, until the date vacant possession is given to the landlords. (6) Within 60 days of the date for possession of the premises specified in these orders the landlord may request a relisting of the application to determine the amount of the occupation fee owing. (7) The tenant, Hailee Moffatt, 28 Ridges Lane, Richmond Lowlands, NSW, 2753, Australia is to pay the landlords, Frank Muscat and Robert Muscat, PO Box 277, Richmond, NSW, 2753 the sum of $1,591.00 immediately. Catchwords: LEASES AND TENANCIES - Residential Tenancies Act 2010 (NSW) – obligations of tenant and landlord – obligation to pay rent – rent arrears termination application – frequent failure to pay rent Legislation Cited: Residential Tenancies Act 2010 (NSW) – ss 83, 87, 88, 89, 114 Category: Principal judgment Parties: Frank Muscat (First Applicant) Robert Muscat (Second Applicant)