Southern Cross Community Housing Ltd v Geoffrey Macklan & Beryl Macklan [2014] NSWCATCD 125

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Southern Cross Community Housing Ltd v Geoffrey Macklan & Beryl Macklan [2014] NSWCATCD 125 Hearing dates: 3 February 2014; 28 April 2014 Decision date: 17 July 2014 Before: J Lennard, General Member Decision: The tenants, Geoffrey Macklan and Beryl Macklan, are to pay the landlord, Southern Cross Community Housing Ltd, the sum of $78.60 by instalments of not less than five dollars per fortnight, the first payment 8 May 2014 Catchwords: Residential tenancies - social housing tenant - obligation to pay for water usage - time limits - application for compensation for breach of agreement Legislation Cited: Residential Tenancies Act 2010 Residential Tenancies Regulation 2010 Civil and Administrative Tribunal Act 2013 Category: Principal judgment Parties: Southern Cross Community Housing Ltd (applicant) Jeffery Macklan & Beryl Macklan (respondents) File Number(s): SH 14/01172

reasons for decision

APPLICATION 1The applicant as landlord and the respondents is tenants are parties to a residential tenancy agreement, which commenced 14 November 2011 in relation to premises in Cooma, NSW. 2The terms of the residential tenancy agreement oblige the tenant to pay rent on a fortnightly basis and water usage charges. 3On 19 November 2013 the landlords served upon the tenants a termination notice. The grounds for termination of the tenancy were breach of the agreement by the tenant by failure to pay rent and a failure to pay for water usage in accordance with the terms of the residential tenancy agreement. The termination notice required the tenants to vacate the premises on or before 10 December 2013. 4On 8 January 2014 the landlord filed an application to the Tribunal for a termination order based on those breaches of the residential tenancy agreement. The landlord also sought orders for the payment of arrears of rent and water usage charges. 5The matter was heard on 3 February 2014 and the parties negotiated and agreed settlement in relation to rental arrears and orders for the payment of $497.98 rental arrears by instalments of five dollars per week were made by consent. 6The Tribunal adjourned the matter with regard to the claim for payment of arrears of water usage and issued directions in relation to submissions from the parties on the time limit set out in regulation 22 in relation to applications pursuant to section 109 of the Act. 7Each party made submissions in accordance with those directions and the matter was next heard on 28 April 2014.