NSW land and Housing Corporation v Spiro Diab [2014] NSWCATCD 129

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: NSW land and Housing Corporation v Spiro Diab [2014] NSWCATCD 129 Hearing dates: 22 October 2013, 23 October 2013 and 12 December 2013 Decision date: 31 January 2014 Before: K Rosser, Senior Member Decision: The application is dismissed. Legislation Cited: Residential Tenancies Act 2010 (the RTA) Residential Tenancies Regulation 2010 (the RT Regulation) Housing Act 2001 (the Housing Act) Category: Principal judgment Parties: NSW Land and Housing (Applicant) Spiro Diab (Respondent) File Number(s): SH 13/00016

reasons for decision

APPLICATION 1Mr Diab (the respondent) entered into a residential tenancy agreement with the Department of Housing of New South Wales on 15 October 1990. His tenancy is now characterised as a social housing tenancy agreement in accordance as defined in section 136 of the RTA. It is not in dispute that the New South Wales Land and Housing Corporation (the applicant) succeeded the Department of Housing as owner of the premises and is the correct applicant in the proceedings. 2The applicant seeks an order terminating the respondent's tenancy agreement on the ground that the respondent breached the agreement by not paying rent on time. An application for an order for payment of an amount of money was withdrawn at the hearing. The termination notice on which the applicant relies is dated 11 December 2012. 3The respondent's alleged failure to pay rent on time relates solely to a debt arising from the retrospective cancellation of a rental rebate which was granted to the respondent. The rebate was cancelled with effect from 7 November 1993 because the applicant determined that the respondent had not disclosed that his sons had been living with him at the premises.