Bridge Housing Limited v Jules Cure [2015] NSWCATCD 39

Bridge Housing Limited v Jules Cure [2015] NSWCATCD 39

The Tribunal found that the tenant, after becoming aware his works were causing serious damage to the premises and neighbouring properties, nonetheless continued with those works and failed to repair or restore the premises, thereby intentionally and recklessly causing or permitting serious damage contrary to s 90 of the Residential Tenancies Act 2010. Accordingly, termination and possession were granted.

Jurisdiction
Australia
Judgment Date
01 April 2015
Procedural Posture
Residential Tenancy / Remitted Hearing and Final Determination
Outcome
residential tenancy agreement terminated and possession ordered
Legal Topics
['termination of Tenancy' 'serious Damage' 'recklessness' 'social Housing']
['tenancy' 'housing'] ['termination of Tenancy' 'serious Damage' 'recklessness' 'social Housing']

Case Brief

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Procedural Posture

Residential Tenancy / Remitted Hearing and Final Determination

Legal Issues

  1. 1 ['Whether the tenant intentionally or recklessly caused or permitted serious damage to the residential premises or neighbouring properties under s 90 of the Residential Tenancies Act 2010']

Ratio Decidendi

The Tribunal found that the tenant, after becoming aware his works were causing serious damage to the premises and neighbouring properties, nonetheless continued with those works and failed to repair or restore the premises, thereby intentionally and recklessly causing or permitting serious damage contrary to s 90 of the Residential Tenancies Act 2010. Accordingly, termination and possession were granted.

Court Disposition

residential tenancy agreement terminated and possession ordered

Orders

  • ['The residential tenancy agreement is terminated in accordance with s 90 of the Residential Tenancies Act 2010.' 'The residential tenancy agreement is terminated immediately and possession is to be given to the landlord on the date of termination.' 'The order for possession is suspended until 11 May 2015.' 'The...