NSW Land and Housing Corporation v Keshishian [2015] NSWCATCD 69

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: NSW Land and Housing Corporation v Keshishian [2015] NSWCATCD 69 Hearing dates: 16 March 2015, 18 May 2015 Decision date: 23 June 2015 Jurisdiction: Consumer and Commercial Division Before: C R Xuereb, General Member Decision: 1. The tenancy is terminated immediately by reason of the respondent's breaches of s 33 (1), s 51(b), s 51(c), s 51(d), s 90 (1)(a) and s 90 (1)(b) of the Residential Tenancy Act 2010. 2. The order for possession is suspended until 13 July 2015. 3. The respondent shall pay the applicant a daily occupation fee at the rate of $0.71 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. 5. The respondent must pay to the applicant $893.75 for rent owed from 14 December 2014 to 18 May 2015 on or before 13 July 2015. Catchwords: Serious damage by tenant, serious injury by tenant, interference with peace and comfort of neighbours, adverse effects on neighbouring residents, landlord's responsibility to other tenants, breach by failure to pay rent Legislation Cited: Residential Tenancies Act 2010 Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Category: Principal judgment Parties: NSW Land and Housing Corporation (applicant) Hrair Keshishian (respondent) Representation: Applicant – Mr Spackman & Mr Dauth Respondent – Mr Amini File Number(s): SH 14/59946, SH 15/10771, SH 15/11579 Publication restriction: Nil