Bridge Housing Limited v Jules Cure [2015] NSWCATCD 39

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Bridge Housing Limited v Jules Cure [2015] NSWCATCD 39 Hearing dates: 31 January 2015 Decision date: 01 April 2015 Jurisdiction: Consumer and Commercial Division Before: Geoffrey Meadows - Senior Member Decision: The residential tenancy agreement is terminated in accordance with s 90 of the Residential Tenancies Act 2010 as the tenant has recklessly caused or permitted serious damage to the residential premises and to the neighbouring properties. The residential tenancy agreement is terminated immediately and possession is to be given to the landlord on the date of termination. The order for possession is suspended until 11 May 2015. The tenant shall pay a daily occupation fee at the rate of 1/7th of the weekly rent from the day after the date of termination, being XX March 2015 until the date vacant possession is given to the landlord. Within 60 days of the date of possession of the premises specified in these orders the landlord may request the relisting of the application to determine the amount of the occupation fee owing. Catchwords: RESIDENTIAL TENANCY—appeal—remitted for hearing according to law—intentionally or recklessly cause damage—social housing Legislation Cited: Civil and Administrative Tribunal Act 2013 Residential Tenancies Act 2010 Cases Cited: Cure v Bridge Housing Ltd. [2014] NSWCATAP 80 R v Lawrence [1981] 1 All ER 974 Category: Principal judgment Parties: Bridge Housing Limited (applicant) Jules Cure (respondent) Representation: Representatives: Rachael Louttit and Michelle Dobson (applicant) In person with Michael Hampton (respondent) File Number(s): SH 13/39825 Publication restriction: Nil