North Coast Community Housing v Knight Joanne Knight v North Coast Community Housing [2014] NSWCATCD 132

North Coast Community Housing v Knight Joanne Knight v North Coast Community Housing [2014] NSWCATCD 132

The Tribunal was not satisfied that the alleged behavioural breaches or non-rent arrears justified termination, because the evidence of nuisance was weak and largely from an adverse neighbour, and the evidence did not establish what non-rent amounts were owed or attributable to tenant damage rather than fair wear and tear or prior repair issues. The tenant had stored rubbish under the house and should be ordered to remove it. The landlord had been aware of requested repairs from at least 2 April 2013 and had unequivocally refused to carry out many of them, so a performance order for inspection and repairs was warranted. Although the Tribunal was not satisfied the rent was excessive, it...

Jurisdiction
Australia
Judgment Date
11 February 2014
Procedural Posture
Residential Tenancy Application and Cross Application / Principal Judgment
Outcome
Termination was not ordered. Performance orders were made against both tenant and landlord, with liberty to renew the termination application if the tenant failed to remove rubbish, and a rent cap was imposed.
Legal Topics
['repairs' 'reasonable State of Cleanliness' 'nuisance' 'non Rent Arrears' 'excessive Rent' 'termination of Residential Tenancy Agreement']
['residential Tenancies' 'social Housing'] ['repairs' 'reasonable State of Cleanliness' 'nuisance' 'non Rent Arrears' 'excessive Rent' 'termination of Residential Tenancy Agreement']

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Procedural Posture

Residential Tenancy Application and Cross Application / Principal Judgment

Legal Issues

  1. 1 ['Whether the tenant breached the residential tenancy agreement by nuisance, annoyance or behavioural conduct sufficient to justify termination.' 'Whether the tenant breached the residential tenancy agreement by failing to pay alleged non-rent arrears sufficient to justify termination.' 'Whether the tenant should be ordered to remove rubbish underneath the premises.' 'Whether the landlord failed to carry out repairs requested by the tenant and should be ordered to perform works.' 'Whether rent was excessive or should be capped because of the state of repair of the premises.']

Ratio Decidendi

The Tribunal was not satisfied that the alleged behavioural breaches or non-rent arrears justified termination, because the evidence of nuisance was weak and largely from an adverse neighbour, and the evidence did not establish what non-rent amounts were owed or attributable to tenant damage rather than fair wear and tear or prior repair issues. The tenant had stored rubbish under the house and should be ordered to remove it. The landlord had been aware of requested repairs from at least 2 April 2013 and had unequivocally refused to carry out many of them, so a performance order for inspection and repairs was warranted. Although the Tribunal was not satisfied the rent was excessive, it...

Court Disposition

Termination was not ordered. Performance orders were made against both tenant and landlord, with liberty to renew the termination application if the tenant failed to remove rubbish, and a rent cap was imposed.

Orders

  • ['On or before 4 March 2014, the tenant is to remove all rubbish underneath the premises;' 'If the tenant does not comply with order 1, at any time on, or before 4 June 2104, the landlord may renew the application for termination of the residential tenancy agreement;' "On, or before 18 March 2014, the landlord is to...