Talbot v Homes North Community Housing Co Ltd [2021] NSWCATCD 122

Talbot v Homes North Community Housing Co Ltd [2021] NSWCATCD 122

The Tribunal dismissed the application because the evidence established that by 3 August 2021 the tenant had abandoned the premises, or alternatively had repudiated the residential tenancy agreement by failing to pay rent and arrears and by causing or permitting serious damage and lack of cleanliness, and the landlord accepted that repudiation by recovering possession. The tenancy had therefore terminated under section 81(4)(d) or section 81(4)(g) of the Residential Tenancies Act 2010 (NSW), and the landlord was not required to obtain a termination order or abandonment declaration before taking immediate possession of abandoned premises with no remaining occupants. Because the tenancy had...

Jurisdiction
Australia
Judgment Date
08 December 2021
Procedural Posture
Residential Tenancy Application for Orders Under Section 187(1)(a), (b) and (d) of the Residential Tenancies Act 2010 (nsw) Alleging Unlawful Dispossession and Claiming Compensation for Disposed Household Goods / Final Decision After Special Fixture Hearing
Outcome
Application dismissed
Legal Topics
['unlawful Dispossession' 'abandoned Premises' 'termination of Residential Tenancy Agreement' 'repudiation of Tenancy Agreement' 'quiet Enjoyment' 'uncollected Goods' 'compensation for Disposed Household Goods']
['land Law' 'residential Tenancies' 'consumer and Commercial Tenancy Disputes'] ['unlawful Dispossession' 'abandoned Premises' 'termination of Residential Tenancy Agreement' 'repudiation of Tenancy Agreement' 'quiet Enjoyment' 'uncollected Goods' 'compensation for Disposed Household Goods']

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Procedural Posture

Residential Tenancy Application for Orders Under Section 187(1)(a), (b) and (d) of the Residential Tenancies Act 2010 (nsw) Alleging Unlawful Dispossession and Claiming Compensation for Disposed Household Goods / Final Decision After Special Fixture Hearing

Legal Issues

  1. 1 ['Whether the tenant was unlawfully dispossessed of the rented premises by the landlord changing locks and recovering possession without a Tribunal termination order or abandonment declaration.' 'Whether the residential tenancy agreement terminated because the tenant abandoned the premises under section 81(4)(d) of the Residential Tenancies Act 2010 (NSW) or repudiated the agreement and the landlord accepted the repudiation under section 81(4)(g).' "Whether the landlord breached the tenant's right to quiet enjoyment under section 50 of the Residential Tenancies Act 2010 (NSW)." 'Whether goods left at the premises were disposed of otherwise than in accordance with Part 3 of the Uncollected Goods Act 1995 (NSW).' 'Whether the tenant was entitled to compensation for goods allegedly disposed of by the landlord.']

Ratio Decidendi

The Tribunal dismissed the application because the evidence established that by 3 August 2021 the tenant had abandoned the premises, or alternatively had repudiated the residential tenancy agreement by failing to pay rent and arrears and by causing or permitting serious damage and lack of cleanliness, and the landlord accepted that repudiation by recovering possession. The tenancy had therefore terminated under section 81(4)(d) or section 81(4)(g) of the Residential Tenancies Act 2010 (NSW), and the landlord was not required to obtain a termination order or abandonment declaration before taking immediate possession of abandoned premises with no remaining occupants. Because the tenancy had...

Court Disposition

Application dismissed

Orders

  • ['The application is dismissed.']