NSW Land and Housing Corporation v Khodragha [2017] NSWCATCD 89

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: NSW Land and Housing Corporation v Khodragha [2017] NSWCATCD 89 Hearing dates: 20 September 2017 Date of orders: 20 September 2017 Decision date: 29 September 2017 Jurisdiction: Consumer and Commercial Division Before: L Pearson, Principal Member Decision: On 20 September 2017 the following orders were made:

1. The Residential Tenancy Agreement is terminated in accordance with s 85 of the Residential Tenancies Act 2010 as the landlord has served a 90 day notice for termination of a periodic agreement.

2. The Residential Tenancy Agreement is terminated immediately and possession is to be given to the landlord on the date of termination.

3. The order for possession is suspended until 20 October 2017.

4. The tenant shall pay the landlord a daily occupation fee at the rate of $47.86 per day from the day after the date of termination, namely 21 September 2017 until the date vacant possession is given to the landlord.

5. 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. Catchwords: RESIDENTIAL TENANCIES: Termination – Periodic tenancy – Consideration of s 154E Residential Tenancies Act 2010 Legislation Cited: Civil and Administrative Tribunal Act 2013 Housing Act 2001 Residential Tenancies Act 2010 Cases Cited: Lynwood v Coffs Harbour and District Local Aboriginal Land Council [2017] NSWSC 424 Lynwood v Coffs Harbour and District Local Aboriginal Land Council [2017] NSWCATAP 62 Category: Principal judgment Parties: NSW Land and Housing Corporation (Applicant) Rebecca Khodragha (Respondent) Representation: Counsel: J O'Connor (Applicant) Solicitors: B Spackman (Applicant) L Jacob (Respondent) File Number(s): SH 17/30679 Publication restriction: Nil