Liu v Van Rhoon [2020] NSWCATAP 287

Liu v Van Rhoon [2020] NSWCATAP 287

The Tribunal committed errors of law by finding that the valid s 84 termination notice became unenforceable because the parties agreed to extend the vacate date, and by considering the COVID-19 regulations in relation to a s 84 notice issued before the moratorium. However, because the tenant had vacated the premises on or about 8 October 2020 and the tenancy had thereby been terminated, no termination order was necessary or possible, so the Tribunal's dismissal of the application was not varied or set aside and the appeal was dismissed.

Jurisdiction
Australia
Judgment Date
24 December 2020
Procedural Posture
Internal Appeal Under S 80(2) of the Civil and Administrative Tribunal Act 2013 Concerning Dismissal of a Landlord's Residential Tenancy Termination Application / Appeal Panel Decision on Appeal From the Consumer and Commercial Division
Outcome
The appeal was dismissed and the orders dismissing the landlord's application were not varied or set aside.
Legal Topics
['termination of Residential Tenancy Agreement at End of Fixed Term' 'validity of Termination Notice' 'internal Appeal' 'error of Law' 'covid 19 Residential Tenancy Regulations' 'premises Vacated Before Appeal Determination']
['land Law' 'residential Tenancy' 'administrative Law'] ['termination of Residential Tenancy Agreement at End of Fixed Term' 'validity of Termination Notice' 'internal Appeal' 'error of Law' 'covid 19 Residential Tenancy Regulations' 'premises Vacated Before Appeal Determination']

Case Brief

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Procedural Posture

Internal Appeal Under S 80(2) of the Civil and Administrative Tribunal Act 2013 Concerning Dismissal of a Landlord's Residential Tenancy Termination Application / Appeal Panel Decision on Appeal From the Consumer and Commercial Division

Legal Issues

  1. 1 ['Whether the Tribunal erred in finding that the 15 April 2020 email permitting the tenant to remain after 30 April 2020 converted the fixed term agreement into a periodic tenancy and made the s 84 termination notice unenforceable.' 'Whether the Tribunal erred in applying regulation 41C of the Residential Tenancies Regulations 2019 to a termination notice issued under s 84 of the Residential Tenancies Act 2010 on 30 January 2020.' "Whether, despite identified errors of law, the Appeal Panel should vary or set aside the Tribunal's orders after the tenant had vacated the premises."]

Ratio Decidendi

The Tribunal committed errors of law by finding that the valid s 84 termination notice became unenforceable because the parties agreed to extend the vacate date, and by considering the COVID-19 regulations in relation to a s 84 notice issued before the moratorium. However, because the tenant had vacated the premises on or about 8 October 2020 and the tenancy had thereby been terminated, no termination order was necessary or possible, so the Tribunal's dismissal of the application was not varied or set aside and the appeal was dismissed.

Court Disposition

The appeal was dismissed and the orders dismissing the landlord's application were not varied or set aside.

Orders

  • ['The appeal is dismissed.']