Hassiotis v Jiang [2017] NSWCATCD 84

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Hassiotis v Jiang [2017] NSWCATCD 84 Hearing dates: 25 August 2017 Decision date: 31 August 2017 Jurisdiction: Consumer and Commercial Division Before: P French, General Member Decision: 1. Pursuant to section 41 of the Civil and Administrative Tribunal Act 2013 the period within which this application may be made to the Tribunal is extended to 10 July 2017, being the date the application was made.

2. Pursuant to section 111 of the Residential Tenancies Act 2010 the Tribunal declares that the termination notice dated 31 May 2017 was not given in accordance with Part 5 of that Act and is of no effect. Catchwords: RESIDENTIAL TENANCIES – tenant's application for a declaration that a termination notice issued pursuant to section 84 of the Residential Tenancies Act 2010 was not issued in accordance with Part 5 of that Act – where the residential tenancy agreement that subsists between the parties was a fixed term agreement of 12 months with the option of renewing the agreement for a further 12 month period – where the tenant validly exercised the option to renew the agreement for a further 12 month period – where the landlord sought to terminate the tenancy and recover possession at the end of the initial fixed term in spite of the tenant exercising the option to renew the agreement. Legislation Cited: Civil and Administrative Tribunal Act 2013: s 41 Civil and Administrative Tribunal Rules: r23 Conveyancing Act 1919: s118 Electronic Transactions Legislation Amendment (Government Transactions) Act 2017: s3; schedule 1; clause 1:30 Interpretation Act 1987: s76 Residential Tenancies Act 2010: s15; s19; s21; s84; s111; s223 Residential Tenancies Regulation 2010: r4; r5 ; schedule 1 Cases Cited: Codelfa Construction v SRA (1982) 149 CLR 337 Birks & Gilbertson v Winton Partners Pty Ltd [2010] NSWCTTT 128 Gamble v Watts Unit Trust [2004] NSWCTTT 475 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Larkin v Atkins [1997] NSWRT 40 McDonald & McDonald v Stanley & Dale [2001] NSWRT 187 Newnham v Carroll [1995] NSWRT 52 Prudential Insurance v Health Minders (1987) NSWLR 673 Whitlock v Brew [1968] 118 CLR 445 Category: Principal judgment Parties: Panagiotis Hassiotis (applicant) Feng Zhi Jiang (respondent) Representation: Panagiotis Hassiotis in person Feng Zhi Jiangin person File Number(s): RT 17/30531 Publication restriction: Nil