NSW Land and Housing Corporation v Gorges [2023] NSWCATCD 69

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: NSW Land and Housing Corporation v Gorges [2023] NSWCATCD 69 Hearing dates: 21 June 2023 Date of orders: 23 June 2023 Decision date: 23 June 2023 Jurisdiction: Consumer and Commercial Division Before: P French, Senior Member Decision: (1) The Residential Tenancy Agreement is terminated in accordance with s 90(1)(a) of the Residential Tenancies Act 2010 (NSW). (2) The Residential Tenancy Agreement is terminated immediately, and possession is given to the landlord on the date of termination. (3) The tenant shall pay the landlord a daily occupation fee at the rate of $16.97 per day from the day after the date of termination, namely 24 June 2023, until the date vacant possession is given to the landlord. (4) 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.

Catchwords: LEASES AND TENANCIES – Residential Tenancies Act 2010 (NSW) – rights and obligations of landlords and tenants – obligation not to cause serious damage to rented premises – termination – whether termination mandatory – disability – discretion – discretion exercised in favour of termination order due to safety risk to the landlord's other tenants Legislation Cited: Anti-Discrimination Act 1977 (NSW), s 4 Civil and Administrative Tribunal Act 2013 (NSW), s 38 Residential Tenancies Act 2010 (NSW), ss 83, 90, 114, 136, 137, 154D, 154E, 154G Cases Cited: Hall v NSW Land and Housing Corporation [2018] NSWCATAP 257 Orr v NSW Land and Housing Corporation [2018] NSWCATAP 237 NSW Land and Housing Corporation v Orr [2019] NSWCA 231 Texts Cited: Nil Category: Principal judgment Parties: NSW Land and Housing Corporation (Applicant)