NSW Land and Housing Corporation v Mahmud [2014] NSWCATCD 139

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: NSW Land and Housing Corporation v Mahmud [2014] NSWCATCD 139 Hearing dates: 2 July 2014 Decision date: 23 July 2014 Before: CR Xuereb, General Member Decision: 1.The tenancy is terminated immediately in accordance with s 90 (1)(b) of the Residential Tenancy Act 2010. 2.The order for possession is suspended until 7 October 2014. 3.The respondent shall pay the applicant a daily occupation fee at the rate of $13.92 from the day after the date of these orders to the date possession is given. 4.Within 60 days of the date of obtaining possession, the applicant may request the relisting of the application to determine the amount of occupation fee owing. Catchwords: Serious injury by tenant, recklessness, adverse effects on neighbouring residents, landlord's responsibility to other tenants. Legislation Cited: Residential Tenancies Act 2010 Cases Cited: Cain v. New South Wales Land and Housing Corporation [2014] NSWCA 28 Category: Principal judgment Parties: NSW Land and Housing Corporation (applicant) Nader Mahmud (respondent) File Number(s): SH 14/26067 Publication restriction: Nil

reasons for decision

APPLICATION 1The applicant, NSW Land and Housing Corporation, lodged an application with the Tribunal on 20 May 2014 seeking orders under ss 90 and 187(1)(i) of the Residential Tenancies Act 2010 (the RTA). 2The application alleged that the respondent, Nader Mahmud, a tenant of premises in a residential flat building owned or controlled by the applicant had a dog which had attacked other tenants in the complex. 3The application was set down for hearing on 16 July 2014. However, as the applicant alleged that another dog attack occurred on 6 June 2014, the applicant sought expedition of the hearing. The matter was listed for directions on 17 June 2014. At the directions hearing, the proceedings were expedited and on 18 June 2014 the applicant and the respondent were notified that the matter had been allocated for hearing on 2 July 2014. At the directions hearing, an order was made that the respondent should provide his documents to the Tribunal and the respondent by 1 July 2014. The respondent complied with that order. The applicant informed the Tribunal at the directions hearing that all of its evidence had been filed and served.