NSW Land and Housing Corporation v Sara McGuiness [2014] NSWCATCD 140

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: NSW Land and Housing Corporation v Sara McGuiness [2014] NSWCATCD 140 Hearing dates: 1 July 2014 Decision date: 24 July 2014 Before: A McMurran, General Member Decision: 1.The residential tenancy agreement is terminated immediately pursuant to s 91 of the Residential Tenancies Act 2010. Catchwords: Use of premises intentionally or recklessly for other unlawful purpose Legislation Cited: Residential Tenancies Act, 2010 ("the Act") s 91; s 51 Category: Principal judgment Parties: Ms Hook, for NSW Land and Housing Corporation (applicant) Ms K Mackenzie, Sydney Tenants' Advice & Advocacy Service for Sara McGuiness (respondent) File Number(s): SH 13/39360

Application 1 The applicant commenced these proceedings by application filed 24 July 2013 seeking to terminate a residential tenancy agreement and an order for possession of premises. 2 The respondent is a 33 year old Aboriginal woman who has lived at the premises for approximately 9 years. The respondent has been the occupier pursuant to a residential tenancy agreement dated 6 April 2005 ("the agreement") for a three bedroom unit situated at unit […..] Moloney Street Eastlakes in Sydney ("the premises"). 3 The tenant has been residing in the premises since the commencement of the agreement and up until the circumstances relied upon in this application, occurring in or about July 2013. 4 There have been a number of adjournments during these proceedings leading up to the hearing on 1 July 2014. 5 The Tribunal has jurisdiction to deal with this matter relating to a residential lease within the Consumer and Commercial Division pursuant to the Civil and Administrative Tribunal Act 2013, Schedule 4.