O’Keefe v Davies [2016] NSWCATCD 7

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: O'Keefe v Davies [2016] NSWCATCD 7 Hearing dates: 8 December 2015 Date of orders: 08 December 2015 Decision date: 19 January 2016 Jurisdiction: Consumer and Commercial Division Before: D. Moss, General Member Decision: On 8 December 2015 the following orders were made:

1. The residential tenancy agreement is terminated in accordance with Section 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 on 4 January 2016 and possession is to be given to the Landlord on the date of termination.

3. The order for possession is suspended until 4 January 2016.

4. The Tenant shall pay the Landlord a daily occupation fee at the rate of $28.57 per day from the day after the date of termination, namely 05-Jan-2016, until the date vacate possession is given to the Landlord.

5. Within 60 days of the date for 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: Termination of residential tenancy agreement; 90 day no grounds notice; retaliatory notice; retaliatory application. Legislation Cited: Residential Tenancies Act 2010 Category: Principal judgment Parties: Peter O'Keefe (the Landlord) (applicant) John Davies (the Tenant) (respondent) Representation: The Landlord appeared in person, unrepresented. The Tenant was represented by Ms. Grey, Solicitor, Legal Aid NSW. File Number(s): RT 15/55897