NSW Land and Housing Corporation v Rebecca Greig [2014] NSWCATCD 151

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: NSW Land and Housing Corporation v Rebecca Greig [2014] NSWCATCD 151 Hearing dates: 8 July 2014 Decision date: 07 August 2014 Before: M McCue, General Member Decision: 1.The Tribunal makes an order pursuant to s 187 (1) (b) for the specific performance of the terms of the residential tenancy agreement: more specifically, clause 7, that the tenant shall not use the premises for illegal purposes. 2.The application for termination of the lease pursuant to s 91 (1) (a) Residential Tenancies Act 2010 is dismissed. Catchwords: Termination of lease - s 91(1)(a) Residential Tenancies Act 2010 Legislation Cited: Part 5, Schedule 4, Civil and Administration Act, 2013 Residential Tenancies Act 2010 Cases Cited: Cain v NSW Land v Housing Corporation [2014] NSWCA 28 Briginshaw v Briginshaw [1938] HCA 34; 60 CLR 336 [June 1938] Texts Cited: Nil Category: Principal judgment Parties: NSW Land and Housing Corporation (applicant) File Number(s): SH 14/06030 Publication restriction: Nil

reasons for decision

Application 1The applicant seeks an order for termination of a residential tenancy agreement pursuant to s 91(1)(a) Residential Tenancies Act 2010 ["RT Act"]. 2The section comes within the general division of the RT Act being Part 5 Division 2 relating to the termination of residential tenancy agreements. 3On application by a landlord, the Tribunal may make a termination order if it is satisfied that the tenant, or any person who although not a tenant is occupying or jointly occupying the residential premises has intentionally or recklessly caused or permitted: The use of the residential premises or any property adjoining or adjacent to the premises including any property that is available for use by the tenant in common with others (for the purpose of the manufacture, sale, cultivation or supply of any prohibited drug within the meaning of the Drug Misuse and Trafficking Act 1985. 4S 91(4) provides that a landlord may make an application under this section without giving the tenant a termination notice. This is in contrast to the landlord's obligations to serve a termination notice in other sections of Part 5. 5The relevant provisions for the application are set out at s 91(1)(a). The section is set out fully below: 91 Use of premises for illegal purposes (1) The Tribunal may, on application by a landlord, make a termination order if it is satisfied that the tenant, or any person who although not a tenant is occupying or jointly occupying the residential premises, has intentionally or recklessly caused or permitted: (a) the use of the residential premises or any property adjoining or adjacent to the premises (including any property that is available for use by the tenant in common with others) for the purposes of the manufacture, sale, cultivation or supply of any prohibited drug within the meaning of the Drug Misuse and Trafficking Act 1985, or (b) the use of the residential premises for any other unlawful purpose and that the use is sufficient to justify the termination. (2) In considering whether to make a termination order on the ground specified in subsection (1) (b), the Tribunal may consider (but is not limited to considering) the following: (a) the nature of the unlawful use, (b) any previous unlawful uses, (c) the previous history of the tenancy. (3) The termination order may specify that the order for possession takes effect immediately. (4) A landlord may make an application under this section without giving the tenant a termination notice. (5) The Tribunal may make a termination order under this section that takes effect before the end of the fixed term if the residential tenancy agreement is a fixed term agreement.