Foster v The Minister Administering the Environmental Planning & Assessment Act [2018] NSWCATAP 42

Foster v The Minister Administering the Environmental Planning & Assessment Act [2018] NSWCATAP 42

The Appeal Panel found there was no error of law by the Tribunal in terminating the tenancy: special condition 11 was valid and not inconsistent with the Residential Tenancies Act 2010; the landlord was entitled to withhold consent to sub-letting the whole of the premises; and the Tribunal was not obliged to consider the concerns of occupants not lawfully residing. All grounds of appeal failed.

Jurisdiction
Australia
Judgment Date
09 February 2018
Procedural Posture
Internal Appeal Residential Tenancy / Appeal Panel Determination
Outcome
Appeal dismissed; Tribunal orders of 15 June 2017 confirmed
Legal Topics
['termination of Tenancy' 'exercise of Discretion' 'sub Letting' 'internal Appeals' 'breach of Special Lease Conditions']
['residential Tenancy' 'administrative Law'] ['termination of Tenancy' 'exercise of Discretion' 'sub Letting' 'internal Appeals' 'breach of Special Lease Conditions']

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Procedural Posture

Internal Appeal Residential Tenancy / Appeal Panel Determination

Legal Issues

  1. 1 ['Whether the Tribunal erred in law in exercising discretion to terminate tenancy' 'Whether special condition 11 of the tenancy agreement is valid and properly applied' 'Whether Tribunal failed to consider material considerations (tenants/occupants not party to the lease)']

Ratio Decidendi

The Appeal Panel found there was no error of law by the Tribunal in terminating the tenancy: special condition 11 was valid and not inconsistent with the Residential Tenancies Act 2010; the landlord was entitled to withhold consent to sub-letting the whole of the premises; and the Tribunal was not obliged to consider the concerns of occupants not lawfully residing. All grounds of appeal failed.

Court Disposition

Appeal dismissed; Tribunal orders of 15 June 2017 confirmed

Orders

  • ['The appeal is dismissed.' 'The orders of the Tribunal made 15 June 2017 are confirmed.']