Susan Trevallion v Vivian Puccini-Scuderi and Peter Puccini [2014] NSWCATCD 81

Susan Trevallion v Vivian Puccini-Scuderi and Peter Puccini [2014] NSWCATCD 81

The termination notice was valid and the tenant breached the residential tenancy agreement by causing a nuisance contrary to clause 15.2 and by damaging and altering the premises and fixtures without written permission contrary to clauses 15.4 and 27.1. Those breaches were sufficient to justify termination under section 87 of the Residential Tenancies Act 2010. The tenant produced no evidence satisfying section 115, so the Tribunal declined to find retaliation. The compensation and fixture claims were not pressed and compensation was not quantified.

Jurisdiction
Australia
Judgment Date
20 May 2014
Procedural Posture
Residential Tenancy Proceedings / Application by Landlord for Termination and Possession; Principal Judgment
Outcome
Residential tenancy agreement terminated; possession ordered for the landlord; order for possession suspended until 22 May 2014; occupation fee ordered; compensation and fixture claims not pressed.
Legal Topics
['termination for Breach of Residential Tenancy Agreement' 'nuisance' 'damage to Residential Premises' 'unauthorised Alterations and Fixtures' 'retaliatory Eviction' 'occupation Fee']
['residential Tenancies' 'strata Schemes'] ['termination for Breach of Residential Tenancy Agreement' 'nuisance' 'damage to Residential Premises' 'unauthorised Alterations and Fixtures' 'retaliatory Eviction' 'occupation Fee']

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Procedural Posture

Residential Tenancy Proceedings / Application by Landlord for Termination and Possession; Principal Judgment

Legal Issues

  1. 1 ['Whether the tenant breached clauses 15.2, 15.4 and 27.1 of the residential tenancy agreement.' 'Whether the breach was sufficient to justify termination under section 87 of the Residential Tenancies Act 2010.' 'Whether the termination notice was retaliatory under section 115 of the Residential Tenancies Act 2010.' 'Whether compensation or an order prohibiting removal of a fixture should be made.']

Ratio Decidendi

The termination notice was valid and the tenant breached the residential tenancy agreement by causing a nuisance contrary to clause 15.2 and by damaging and altering the premises and fixtures without written permission contrary to clauses 15.4 and 27.1. Those breaches were sufficient to justify termination under section 87 of the Residential Tenancies Act 2010. The tenant produced no evidence satisfying section 115, so the Tribunal declined to find retaliation. The compensation and fixture claims were not pressed and compensation was not quantified.

Court Disposition

Residential tenancy agreement terminated; possession ordered for the landlord; order for possession suspended until 22 May 2014; occupation fee ordered; compensation and fixture claims not pressed.

Orders

  • ['The Residential Tenancy Agreement is terminated in accordance with section 87 of the Residential Tenancies Act 2010 as tenant has breached the agreement by failing to comply with clauses 15.2, 15.4 and 27.1 of that agreement.' 'The Residential Tenancy Agreement is terminated immediately and possession is to be...