NSW Land and Housing Corporation v Kanoun [2016] NSWCATCD 85

NSW Land and Housing Corporation v Kanoun [2016] NSWCATCD 85

The tenant's deliberate act of accelerating a motor vehicle towards Housing NSW employee Jeffrey Xuereb and braking abruptly before collision was menacing, dangerous and reasonably likely to terrorise and intimidate him. It amounted to a grave threat to Mr Xuereb's life and safety and intentional intimidatory conduct within section 92 of the Residential Tenancies Act 2010. The section 154E factors were essentially neutral, but the seriousness of the incident was sufficient to warrant termination of the social housing tenancy, with possession suspended for 14 days.

Jurisdiction
Australia
Judgment Date
20 October 2016
Procedural Posture
Application by Social Housing Landlord to Terminate Residential Tenancy and for Related Orders / Principal Judgment After Hearing in the Tenant's Absence
Outcome
Residential tenancy agreement terminated under section 92 of the Residential Tenancies Act 2010; possession given to the landlord, with the order for possession suspended until 3 November 2016.
Legal Topics
['termination of Tenancy' 'threat, Abuse, Intimidation or Harassment' 'order for Possession' 'occupation Fee' 'service of Notice']
['residential Tenancy' 'social Housing'] ['termination of Tenancy' 'threat, Abuse, Intimidation or Harassment' 'order for Possession' 'occupation Fee' 'service of Notice']

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Procedural Posture

Application by Social Housing Landlord to Terminate Residential Tenancy and for Related Orders / Principal Judgment After Hearing in the Tenant's Absence

Legal Issues

  1. 1 ["Whether the Application and Notice of hearing had been served on the tenant and justice required the matter to be heard in the tenant's absence." 'Whether the tenant seriously or persistently threatened or abused an employee or contractor of the landlord within section 92(1)(a) of the Residential Tenancies Act 2010.' 'Whether the tenant intentionally engaged in conduct in relation to an employee or contractor of the landlord that would be reasonably likely to cause intimidation or harassment within section 92(1)(b) of the Residential Tenancies Act 2010.' 'Whether the Tribunal should exercise its discretion to terminate the social housing tenancy having regard to section 154E of the Residential Tenancies Act 2010.' 'Whether any order for possession should be suspended and, if so, for what period.']

Ratio Decidendi

The tenant's deliberate act of accelerating a motor vehicle towards Housing NSW employee Jeffrey Xuereb and braking abruptly before collision was menacing, dangerous and reasonably likely to terrorise and intimidate him. It amounted to a grave threat to Mr Xuereb's life and safety and intentional intimidatory conduct within section 92 of the Residential Tenancies Act 2010. The section 154E factors were essentially neutral, but the seriousness of the incident was sufficient to warrant termination of the social housing tenancy, with possession suspended for 14 days.

Court Disposition

Residential tenancy agreement terminated under section 92 of the Residential Tenancies Act 2010; possession given to the landlord, with the order for possession suspended until 3 November 2016.

Orders

  • ['The Tribunal is satisfied that the Application and Notice of hearing has been served on the Respondent tenant in accordance with section 223 of the Residential Tenancies Act 2010, and that justice requires that the Application be heard and determined in the absence of the tenant.' 'The Residential Tenancy...