Carr v NSW Land and Housing Corporation [2019] NSWCATAP 144

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Carr v NSW Land and Housing Corporation [2019] NSWCATAP 144 Hearing dates: 23 May, 2019, 30 May and 5 June 2019 (written submissions) Date of orders: 13 June 2019 Decision date: 13 June 2019 Jurisdiction: Appeal Panel Before: The Hon F Marks, Principal Member L Pearson, Principal Member Decision: (1) The appeal is allowed and the order made by the Tribunal on 19 February 2019 terminating the residential tenancy agreement between the respondent and the appellant is set aside; (2) The residential tenancy agreement between the respondent and the appellant is terminated on the date of these orders; (3) The stay of the operation of the order for possession made on 19 February 2019 is lifted; (4) Possession of the residential premises is to be given by the appellant to the respondent 28 days from the date of these orders; (5) If the appellant does not vacate the premises within 28 days of this date, the appellant is to pay to the respondent an occupation fee calculated in accordance with section 123 (2) of the Residential Tenancies Act until the date vacant possession is given. Catchwords: Residential tenancy – application for termination and possession of social housing based on breach of lease agreement – determination of matter on another basis – held constituted error – decision set aside – Appeal Panel conducted fresh hearing – commercial quantity of illegal drugs found on premises and drugs sold from premises – tenant vicariously liable – order made for termination of tenancy Legislation Cited: Residential Tenancies Act 2010 (NSW) Civil and Administrative Tribunal Act 2013 Drug Misuse and Trafficking Act 1985 Cases Cited: Parslow v NSW Land and Housing Corporation [2018] NSWSC 1909 Ritson v Leighton [2015] NSWCA 62 Category: Principal judgment Parties: Lesleigh Carr (Appellant)