Huang v Sinclair [2017] NSWCATCD 9

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Huang v Sinclair [2017] NSWCATCD 9 Hearing dates: 20 January 2017 Decision date: 09 February 2017 Jurisdiction: Consumer and Commercial Division Before: P French, General Member Decision: 1 The Tribunal is satisfied that the Application and Notice of hearing have been served on the 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 tenant's application for an adjournment of the hearing is refused. 3 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 the landlord and abused the landlord and the landlord's agent and intentionally engaged in conduct in relation to the landlord that would reasonably cause the landlord to be intimidated and harassed. 4 The Residential Tenancy Agreement is terminated on 13 February 2017 and possession is given to the landlord on this date. 5 The order for possession is suspended to 20 February 2017. 6 Within 60 days of the date for possession of the residential 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 13 February 2017. Catchwords: RESIDENTIAL TENANCIES – section 92 of the Residential Tenancies Act 2010 - termination of tenancy – where the tenant has seriously threatened the landlord – where the tenant has seriously abused the landlord and the landlord's agent – where the tenant has intimidated the landlord – where the tenant has harassed the landlord – where the facts suggest the tenant has a mental illness – where there is no evidence that the tenant's conduct has been non-intentional due to mental illness