O’Keefe v Davies [2016] NSWCATCD 7

O’Keefe v Davies [2016] NSWCATCD 7

The notice of termination was not retaliatory. The Landlord gave the notice for genuine personal, health and financial reasons, not in retaliation for the Tenant seeking to enforce his rights. The requirements of Section 85 were met, and the Tribunal ordered termination of the tenancy and made orders for possession and occupation fees.

Parties
Landlord, Applicant: Peter O'Keefe; Tenant, Respondent: John Davies
Jurisdiction
Australia
Judgment Date
19 January 2016
Procedural Posture
Residential Tenancy Termination / Hearing and Final Orders
Outcome
Residential tenancy agreement terminated; possession to landlord; occupation fee ordered
Legal Topics
Termination of Residential Tenancy Agreement, No Grounds Termination Notice, Retaliatory Eviction, Tribunal Jurisdiction
Tenancy Consumer Law Termination of Residential Tenancy Agreement No Grounds Termination Notice Retaliatory Eviction Tribunal Jurisdiction

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Parties

Peter O'Keefe

Landlord, Applicant

John Davies

Tenant, Respondent

Procedural Posture

Residential Tenancy Termination / Hearing and Final Orders

Legal Issues

  1. 1 Whether the Tribunal should terminate the residential tenancy agreement under Section 85 of the Residential Tenancies Act 2010 based on a 90 day no grounds notice
  2. 2 Whether the notice of termination or application for termination was retaliatory under Section 115 of the Residential Tenancies Act 2010

Ratio Decidendi

The notice of termination was not retaliatory. The Landlord gave the notice for genuine personal, health and financial reasons, not in retaliation for the Tenant seeking to enforce his rights. The requirements of Section 85 were met, and the Tribunal ordered termination of the tenancy and made orders for possession and occupation fees.

Court Disposition

Residential tenancy agreement terminated; possession to landlord; occupation fee ordered

Orders

  • The residential tenancy agreement is terminated in accordance with Section 85 of the Residential Tenancies Act 2010.
  • The agreement is terminated on 4 January 2016 and possession is to be given to the Landlord on that date.