Lam v Somchanmavong [2016] NSWCATCD 46

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Lam v Somchanmavong [2016] NSWCATCD 46 Hearing dates: 29 April 2016 Date of orders: 29 April 2016 Decision date: 20 May 2016 Jurisdiction: Consumer and Commercial Division Before: P French, General Membe Decision: 1. The Residential Tenancy Agreement is terminated in accordance with section 87 of the Residential Tenancies Act 2010 as the tenant has breached the agreement by failing to pay rent in accordance with the Agreement. 2. The Tribunal is satisfied in accordance with section 89(5) of the Residential Tenancies Act 2010 that the tenant has frequently failed to pay rent in accordance with the Agreement. 3. The Residential Tenancy Agreement is terminated immediately and possession is to be given to the landlords on the date of termination. 4. The order for possession is suspended until 27 May 2016. 5. The tenant shall pay the landlords a daily occupation fee at the rate of $42.85 per day from the day after the date of termination, namely 30 April 2016 until the date vacant possession is given to the landlord. 6. 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. 7. The landlords' agent is to advise the tenant in writing by the delivery of a letter to the premises by 6:00pm today of the orders made today. Catchwords: RESIDENTIAL TENANCY – termination of tenancy – failure to pay rent in accordance with the RTA – frequent failure to pay rent in accordance with the RTA Legislation Cited: Residential Tenancies Act 2010 Residential Tenancies Regulation 2010 Civil and Administrative Tribunal Act 2013 Category: Principal judgment Parties: Phung Lam, Kimson Lam, Loi Lam and Sue Lam (applicants) Sourivanh Somchanmavong (respondent) Representation: Phung Lam, Kimson Lam, Loi Lam and Sue Lam represented by Ms Sarah Thoeung, Managing Agent Mr Sourivanh Somchanmavong in person. File Number(s): RT 16/08765 Publication restriction: Nil