NSW Land and Housing Corporation v Kanoun [2016] NSWCATCD 85

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: NSW Land and Housing Corporation v Kanoun [2016] NSWCATCD 85 Hearing dates: 28 September 2016 Decision date: 20 October 2016 Jurisdiction: Consumer and Commercial Division Before: P French, General Member Decision: 1 The Tribunal is satisfied that the Application and Notice of hearing has been served on the Respondent tenant in accordance with section 223 of the Residential Tenancies Act 2010, and that justice requires that the Application be heard and determined in the absence of the tenant. 2 The Residential Tenancy Agreement is terminated in accordance with section 92 of the Residential Tenancies Act 2010 on the basis that the tenant has seriously threatened an employee of the landlord and intentionally engaged in conduct in relation to an employee of the landlord that would reasonably cause that employee to be intimidated. 3 The Residential Tenancy Agreement is terminated on 20 October 2016 and possession is given to the landlord on this date. 4 The order for possession is suspended until 3 November 2016. 5 The tenant shall pay the landlord a daily occupation fee at the rate of $9.40 per day from the day after the date of termination, namely 20 October 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 relisting of the application to determine the amount of occupation fee owing. 7 The landlord's agent is to advise the tenant in writing of these orders by delivery of a letter to the tenant at the residential premises not later than 5pm on 20 October 2016. Catchwords: SOCIAL HOUSING – termination of tenancy for serious threat to landlord's employee – intentional conduct that would reasonably cause landlord's employee to be intimidated Legislation Cited: Residential Tenancies Act 2010 Residential Tenancies Regulation 2010 Civil and Administrative Tribunal Act 2013 Cases Cited: Cure v Bridge Housing Ltd [2014] NSWCATAP 80 Lindsay v NSW Land and Housing Corporation [2016] NSWCATAP 128 McCormack v Commonwealth [2007] FMCA 1245 Penhall-Jones v State of NSW [2008] FMCA 832 Category: Principal judgment Parties: NSW Land and Housing Corporation (applicant-landlord) Zaher Kanoun (respondent-tenant) Representation: Marcia Jeffries Senior Client Service Officer (applicant-landlord) No appearance by tenant File Number(s): SH 16/41414 Publication restriction: Nil