Servaas v Taylor [2015] NSWCATCD 154

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Servaas v Taylor [2015] NSWCATCD 154 Hearing dates: 10 December 2015 Decision date: 30 December 2015 Jurisdiction: Consumer and Commercial Division Before: Margaret Mary McCue, General Member Decision: 1. The application for termination and possession is dismissed.

2. The claim for payment of water usage charges is dismissed. Catchwords: Termination of lease and possession of premises – defect in notice - Residential Tenancies Act 2010 Legislation Cited: Part 5, Schedule 4, Civil and Administration Act, 2013; Residential Tenancies Act 2010; Sections: 6; 13; 39; 80; 82; 84, 87; 88; 113; 190 (1) Residential Tenancies Act 2010 Sections 9, 76, Interpretation Act (NSW) 1987 Cases Cited: Cain v NSW Land v- Housing Corporation [2014] NSWCA 28; Walker & Orton v Thompson & Henderson (Tenancy) [2011] NSWCTTT 212 (23 May 2011) RTA v Swain [1997] NSWSC181 Texts Cited: Residential Tenancies Law and Practice New South Wales [5th Edition] Anforth, Christensen and Taylor Category: Principal judgment Parties: Elsie May Servaas (applicant) Leanne Taylor (respondent) File Number(s): RT 15/63108 Publication restriction: Nil

reasons for decision

Application 1. The applicant seeks an order for termination of a residential tenancy agreement and an order for possession of premises located in Portland, New South Wales. The application is founded upon a breach for non-payment of rent. A notice of termination was served pursuant to section 88 Residential Tenancies Act, 2010. Additionally, the applicant seeks an order for the payment of water consumption arrears.