Ecclesia Housing Limited v Tio [2015] NSWCATCD 91

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Ecclesia Housing Limited v Tio [2015] NSWCATCD 91 Hearing dates: 3 July 2015 Date of orders: 03 July 2015 Decision date: 31 July 2015 Jurisdiction: Consumer and Commercial Division Before: J A Ringrose, General Member Decision: 1. The Residential Tenancy Agreement is terminated in accordance with s 85 of the Residential Tenancies Act 2010 as the landlord has served a 90 day notice for termination of a periodic agreement. 2. The Residential Tenancy Agreement is terminated immediately and possession is to be given to the landlord on the date of termination. 3. The order for possession is suspended until 14 August 2015. 4. The tenant shall pay the landlord a daily occupation fee at a rate of $24.45 per day from the day after the date of termination, namely 4 July 2015 until the date vacant possession is given to the landlord. 5. 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.

6. The landlord's agent is to advise the tenant in writing by delivery of a letter to the premises by 6pm on 3 July 2015 of the orders made today. Catchwords: TERMINATION OF TENANCY – no grounds – discretion to suspend possession orders. Legislation Cited: Residential Tenancies Act 2010 s 85 and 114 Category: Principal judgment Parties: Ecclesia Housing Limited (applicant) Leyna Tio (respondent) Representation: Mr Morath - appeared for the applicant There was no appearance for the respondent File Number(s): SH 15/07829 Publication restriction: Nil