Lekhwar v Singh [2022] NSWCATCD 108

Lekhwar v Singh [2022] NSWCATCD 108

The Tribunal found it had jurisdiction to determine the proceedings; the 23 June 2021 termination notice was valid and any defect in service (by email without consent) did not cause disadvantage as the tenants received the notice; time for commencement of proceedings was extended under s 41 of the NCAT Act due to procedural history; thus, a termination and possession order under s 84(3) of the Residential Tenancies Act 2010 (NSW) was mandatorily made, with suspension of operation and imposition of daily occupation fee until possession given.

Jurisdiction
Australia
Judgment Date
24 June 2022
Procedural Posture
Residential Tenancy Dispute / Final Determination at First Instance
Outcome
Termination and possession orders made; suspension of possession order; occupation fee ordered; time for commencement extended; proceedings otherwise dismissed.
Legal Topics
['procedural Fairness' 'natural Justice' 'bias (actual/apparent)' 'termination of Residential Tenancy' 'notice of Termination' 'defect in Notice/service' 'extension of Time' 'jurisdiction of Tribunal' 'bankruptcy and Vested Property' 'occupation Fees']
['civil Procedure' 'leases and Tenancies'] ['procedural Fairness' 'natural Justice' 'bias (actual/apparent)' 'termination of Residential Tenancy' 'notice of Termination' 'defect in Notice/service' 'extension of Time' 'jurisdiction of Tribunal' 'bankruptcy and Vested Property' 'occupation Fees']

Case Brief

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Procedural Posture

Residential Tenancy Dispute / Final Determination at First Instance

Legal Issues

  1. 1 ['Whether Tribunal has jurisdiction to determine the proceedings' 'Whether there was a defect in the 23 June 2021 termination notice' 'Whether there was a defect in the manner of service of the 23 June 2021 termination notice' 'Whether the proceedings were commenced within prescribed time and, if not, whether time should be extended' 'Whether a termination order and possession order should be made']

Ratio Decidendi

The Tribunal found it had jurisdiction to determine the proceedings; the 23 June 2021 termination notice was valid and any defect in service (by email without consent) did not cause disadvantage as the tenants received the notice; time for commencement of proceedings was extended under s 41 of the NCAT Act due to procedural history; thus, a termination and possession order under s 84(3) of the Residential Tenancies Act 2010 (NSW) was mandatorily made, with suspension of operation and imposition of daily occupation fee until possession given.

Court Disposition

Termination and possession orders made; suspension of possession order; occupation fee ordered; time for commencement extended; proceedings otherwise dismissed.

Orders

  • ['Time for commencement of RT 22/23153 proceedings extended until 25 May 2022' 'Residential tenancy agreement terminated' 'Tenants to give possession to landlords immediately' 'Operation of possession order suspended until 22 July 2022' 'Tenants to pay daily occupation fee of $57.14 from 25 June 2021 until vacant...