Pantalone v Jacobe [2021] NSWCATAP 418

Pantalone v Jacobe [2021] NSWCATAP 418

The Appeal Panel found the termination notice valid and the requirements of section 82 had been met; appellant received the annexure referencing breach; the appellant had sublet without landlord's consent, breaching the agreement under section 74, thus the appeal was dismissed.

Jurisdiction
Australia
Judgment Date
23 December 2021
Procedural Posture
Appeal / Appeal Panel Decision
Outcome
Appeal dismissed; leave to appeal denied; stay of prior orders dissolved.
Legal Topics
['termination Notice Validity' "subletting Without Landlord's Consent"]
['residential Tenancy' 'property Law'] ['termination Notice Validity' "subletting Without Landlord's Consent"]

Case Brief

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Procedural Posture

Appeal / Appeal Panel Decision

Legal Issues

  1. 1 ['Whether the termination notice was valid under the Residential Tenancies Act 2010' "Whether the appellant breached the residential tenancy agreement by subletting the premises without landlord's consent"]

Ratio Decidendi

The Appeal Panel found the termination notice valid and the requirements of section 82 had been met; appellant received the annexure referencing breach; the appellant had sublet without landlord's consent, breaching the agreement under section 74, thus the appeal was dismissed.

Court Disposition

Appeal dismissed; leave to appeal denied; stay of prior orders dissolved.

Orders

  • ['Leave to appeal is denied.' 'The appeal is dismissed.' 'The stay of the orders granted on 3 November 2021 is dissolved.']