Wang v Abdel-Messih;; Abdel-Messih v Wang [2017] NSWCATCD 70

Wang v Abdel-Messih;; Abdel-Messih v Wang [2017] NSWCATCD 70

The landlord was entitled to terminate the tenancy for breach (arrears and the presence of a dog). The landlord did not unreasonably withhold consent to sub-letting in the circumstances, as the requests for information about proposed sub-tenants met objective criteria and the refusal during termination proceedings was reasonable. The tenant failed to establish entitlement to compensation for alleged withheld consent, and the Tribunal's monetary jurisdiction limited the arrears order to $15,000.

Parties
Applicant/cross Respondent Landlord: Le Dong Wang; Respondent/cross Applicant Tenant: Bishoy Abdel-Messih
Jurisdiction
Australia
Judgment Date
25 August 2017
Procedural Posture
Tribunal Proceeding / Final Determination After Hearing and Consent Orders
Outcome
Landlord's applications partly allowed; tenant's application dismissed
Legal Topics
Termination of Residential Tenancy, Sub Letting, Rent Arrears, Compensation for Breach, Tribunal Procedure
Residential Tenancies Consumer Law Termination of Residential Tenancy Sub Letting Rent Arrears Compensation for Breach Tribunal Procedure

Case Brief

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Parties

Le Dong Wang

Applicant/cross Respondent Landlord

Bishoy Abdel-Messih

Respondent/cross Applicant Tenant

Procedural Posture

Tribunal Proceeding / Final Determination After Hearing and Consent Orders

Legal Issues

  1. 1 Whether the landlord is entitled to termination and arrears for breach of tenancy agreement
  2. 2 Whether the landlord unreasonably withheld consent to sub-letting under s75(2) Residential Tenancies Act 2010
  3. 3 Whether the tenant is entitled to compensation for alleged breach by landlord

Ratio Decidendi

The landlord was entitled to terminate the tenancy for breach (arrears and the presence of a dog). The landlord did not unreasonably withhold consent to sub-letting in the circumstances, as the requests for information about proposed sub-tenants met objective criteria and the refusal during termination proceedings was reasonable. The tenant failed to establish entitlement to compensation for alleged withheld consent, and the Tribunal's monetary jurisdiction limited the arrears order to $15,000.

Court Disposition

Landlord's applications partly allowed; tenant's application dismissed

Orders

  • By consent, the Residential Tenancy Agreement is terminated immediately and possession is given to the landlord on the date of termination.
  • By consent, the order for possession is suspended to 25 July 2017.