Ohman v NSW Land and Housing Corporation [2016] NSWCATAP 90

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Ohman v NSW Land and Housing Corporation [2016] NSWCATAP 90 Hearing dates: 1 March 2016 Date of orders: 18 April 2016 Decision date: 18 April 2016 Jurisdiction: Appeal Panel Before: Wright J, President D Robertson, Senior Member Decision: 1. The time for filing the appeal is extended to 24 November 2015. 2. Leave to appeal is refused. 3. The Appeal is dismissed. 4. The stay of the orders made by the Tribunal on 9 November 2015 granted on 2 December 2015 and continued on 1 March 2016 is lifted. 5. The orders made on 9 November 2015 in proceedings SH 15/48286 are varied so that the tenant is required to give the landlord possession 14 days from the date of these orders and so that the orders of the Tribunal are as follows: 1. The Residential Tenancy Agreement is terminated in accordance with: ●s 91 (b) of the Residential Tenancies Act 2010 as the tenant/occupant has intentionally or recklessly caused or permitted the use of the premises for any other unlawful purpose.

2. The Residential Tenancy Agreement is terminated on 23-Nov-2015 and possession is to be given to the landlord on the day 14 days after the date of the orders of the Appeal Panel in proceedings AP 15/63187

3. The tenant shall pay the landlord a daily occupation fee at the rate of one seventh of the weekly rent per day from the day after the date of termination, namely 24-Nov-2015 until the date vacant possession is given to the landlord.