Metrix Developments Pty Ltd v Chen [2021] NSWCATAP 143

Metrix Developments Pty Ltd v Chen [2021] NSWCATAP 143

The appeal was dismissed because the termination notice alleging breach by non-payment of rent was a valid s 87 notice, with s 88 operating only to further regulate such a notice; the Tribunal was not required to delay the termination application to deal with rent abatement or rent reduction allegations where no applications under ss 43, 44 or 45 had been filed; the access order for valuation was permitted by s 55(2)(d) and no prior access order within 12 months was asserted; and the tenancy agreement named all three Appellants as tenants.

Jurisdiction
Australia
Judgment Date
18 May 2021
Procedural Posture
Appeal Concerning Residential Tenancy Termination and Access Orders / Appeal Panel Decision From Consumer & Commercial Division Decision Dated 30 March 2021
Outcome
Appeal dismissed.
Legal Topics
['termination of Residential Tenancy Agreement' 'non Payment of Rent' 'termination Notice Under Ss 87 and 88 of the Residential Tenancies Act 2010 (nsw)' 'rent Abatement and Rent Reduction Claims' 'access Order for Valuation' 'appeal From Tribunal Decision']
['residential Tenancy Law' 'administrative Law'] ['termination of Residential Tenancy Agreement' 'non Payment of Rent' 'termination Notice Under Ss 87 and 88 of the Residential Tenancies Act 2010 (nsw)' 'rent Abatement and Rent Reduction Claims' 'access Order for Valuation' 'appeal From Tribunal Decision']

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Procedural Posture

Appeal Concerning Residential Tenancy Termination and Access Orders / Appeal Panel Decision From Consumer & Commercial Division Decision Dated 30 March 2021

Legal Issues

  1. 1 ['Whether the Tribunal erred in proceeding on the basis that a valid s 87 termination notice had been given when the notice concerned non-payment of rent or charges under s 88.' 'Whether the Tribunal failed to take into account the history of the tenancy, including asserted rent abatement, rent reduction and compensation claims.' 'Whether the Tribunal erred in making an access order for valuation of the residential premises.' 'Whether the Tribunal erred in finding that all three appellants were tenants under the residential tenancy agreement.']

Ratio Decidendi

The appeal was dismissed because the termination notice alleging breach by non-payment of rent was a valid s 87 notice, with s 88 operating only to further regulate such a notice; the Tribunal was not required to delay the termination application to deal with rent abatement or rent reduction allegations where no applications under ss 43, 44 or 45 had been filed; the access order for valuation was permitted by s 55(2)(d) and no prior access order within 12 months was asserted; and the tenancy agreement named all three Appellants as tenants.

Court Disposition

Appeal dismissed.

Orders

  • ['Appeal dismissed.' 'If the Respondent seeks costs of the appeal written submissions in support of a costs order must be filed and served within 21 days.' 'Within 21 days thereafter the Appellants may file and serve written submissions in opposition to the application for costs.' 'The submissions should include...