Dannoun v NSW Land and Housing Corporation [2024] NSWCATAP 120

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Dannoun v NSW Land and Housing Corporation [2024] NSWCATAP 120 Hearing dates: 15 May 2024 and on the papers Date of orders: 25 June 2024 Decision date: 25 June 2024 Jurisdiction: Appeal Panel Before: D Ziegler, Senior Member S de Jersey, Senior Member Decision: (1) The Appeal Panel dispenses with a hearing of the balance of the appeal pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013. (2) The appeal is allowed. (3) The orders made by the Tribunal on 29 February 2024 in 2023/00368232 are set aside, and in lieu thereof the respondent's application is dismissed. Catchwords: LEASES AND TENANCIES - Residential Tenancies Act 2010 (NSW) - termination - where termination notice did not specify a termination date not earlier than 14 days after the day on which the notice was given - where consent orders made under s 87 of the Residential Tenancies Act - where consent orders not made in accordance with parties' agreement - whether a failure to provide 14 days' notice of termination can be cured under s 113 of the Residential Tenancies Act - whether landlord has recovered possession of the premises Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 (NSW) Residential Tenancies Act 1987 (NSW) Residential Tenancies Act 2010 (NSW) Cases Cited: Aboriginal Housing Office v Harrison [2021] NSWCATAP 97 Davis v Compass Housing Services Co Ltd [2021] NSWCATAP 178 Navazi v New South Wales Land and Housing Corporation [2015] NSWCA 308 Phoenix v Guangyue Chen [2020] NSWCATAP 255 Roads and Traffic Authority v Joy Swain and Terence Gold and Residential Tenancies Tribunal of New South Wales [1997] NSWSC 181 Swain v Residential Tenancies Tribunal (unreported, NSWSC, 22 March 1995) Texts Cited: None Cited Category: Principal judgment Parties: Alaadin Dannoun (Appellant) NSW Land and Housing Corporation (Respondent) Representation: Solicitors: Legal Aid NSW (Appellant) Department of Communities and Justice Legal (Respondent) File Number(s): 2024/00093990 Publication restriction: None Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: N/A Date of Decision: 29 February 2024 Before: A Lynch, General Member File Number(s): 2023/00368232 (formerly SH 23/49794)