Saoud v Puckeridge [2015] NSWCATCD 142

Saoud v Puckeridge [2015] NSWCATCD 142

The registered 20 year lease remained governed by the Residential Tenancy Act 2010. The rent increase notice was valid, the tenant had not applied within time to challenge it, and the tenant was more than 14 days in arrears at deemed service of the notice of termination and had frequently failed to pay rent. The tenancy was therefore terminated and possession ordered in the rent arrears matter. In the abandonment matter, although there was substantial evidence suggesting absence and non-payment, the guardian ad litem's information satisfied the Tribunal that the tenant was at least from time to time residing at the premises, so abandonment was not proved on the balance of probabilities...

Jurisdiction
Australia
Judgment Date
01 December 2015
Procedural Posture
Residential Tenancy Applications for Termination, Possession, Rent Arrears and Abandonment / Principal Judgment
Outcome
In RT 15/56043, termination and possession were ordered, but no rent arrears order was made because the arrears exceeded the Tribunal's jurisdictional limits. In RT 15/32903, the abandonment application was dismissed.
Legal Topics
['termination for Rent Arrears' 'possession' 'abandonment' 'registered Long Term Residential Lease' 'rent Increase' 'guardian Ad Litem']
['residential Tenancy Law' 'consumer and Commercial Tribunal Proceedings'] ['termination for Rent Arrears' 'possession' 'abandonment' 'registered Long Term Residential Lease' 'rent Increase' 'guardian Ad Litem']

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Procedural Posture

Residential Tenancy Applications for Termination, Possession, Rent Arrears and Abandonment / Principal Judgment

Legal Issues

  1. 1 ['Whether the Residential Tenancy Act 2010 applied to a registered 20 year residential tenancy lease.' "Whether the landlord's notice of rent increase from $60.00 per week to $400.00 per week was valid." 'Whether the notice of termination for non-payment of rent was valid because the tenant was more than 14 days in arrears and had frequently failed to pay rent owing.' 'Whether the tenancy should be terminated and possession given to the landlord.' 'Whether the tenant had abandoned the residential premises under s.106 Residential Tenancy Act 2010.']

Ratio Decidendi

The registered 20 year lease remained governed by the Residential Tenancy Act 2010. The rent increase notice was valid, the tenant had not applied within time to challenge it, and the tenant was more than 14 days in arrears at deemed service of the notice of termination and had frequently failed to pay rent. The tenancy was therefore terminated and possession ordered in the rent arrears matter. In the abandonment matter, although there was substantial evidence suggesting absence and non-payment, the guardian ad litem's information satisfied the Tribunal that the tenant was at least from time to time residing at the premises, so abandonment was not proved on the balance of probabilities...

Court Disposition

In RT 15/56043, termination and possession were ordered, but no rent arrears order was made because the arrears exceeded the Tribunal's jurisdictional limits. In RT 15/32903, the abandonment application was dismissed.

Orders

  • ['In RT 15/56043, an order for termination and possession is made.' 'The tenancy agreement is terminated from today and possession is to be given on the date of termination.' 'The order for possession is suspended until 28 January 2016.' 'The tenant is to pay the landlord a daily occupation fee in the sum of $52.14...