Fraser v Argyle Community Housing [2017] NSWCATAP 27

Fraser v Argyle Community Housing [2017] NSWCATAP 27

There was no error of law or substantial miscarriage of justice shown. The alleged rent miscalculation was due to Centrelink subsidy amounts and was the tenant's responsibility to resolve with Centrelink. The landlord acted within its obligations, and the tenant was bound by the consent orders. The appeal was also out of time and no extension should be granted.

Parties
Appellant: Carole Fraser; Respondent: Argyle Community Housing
Jurisdiction
Australia
Judgment Date
09 February 2017
Procedural Posture
Appeal / Appeal Determination
Outcome
Appeal dismissed
Legal Topics
Residential Tenancy Agreement, Calculation of Rent, Centrelink Payments, Out of Time Appeal, Consent Orders, Jurisdiction of Appeal Panel
Tenancy Administrative Law Residential Tenancy Agreement Calculation of Rent Centrelink Payments Out of Time Appeal Consent Orders Jurisdiction of Appeal Panel

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Parties

Carole Fraser

Appellant

Argyle Community Housing

Respondent

Procedural Posture

Appeal / Appeal Determination

Legal Issues

  1. 1 Whether the landlord miscalculated rent based on Centrelink guidelines instead of actual income
  2. 2 Whether the tenant was bound by consent orders despite allegations of intimidation
  3. 3 Whether the appeal was brought out of time and if an extension should be granted

Ratio Decidendi

There was no error of law or substantial miscarriage of justice shown. The alleged rent miscalculation was due to Centrelink subsidy amounts and was the tenant's responsibility to resolve with Centrelink. The landlord acted within its obligations, and the tenant was bound by the consent orders. The appeal was also out of time and no extension should be granted.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • The order made on 25 January 2017 staying the operation of the possession order made on 13 October 2016 is lifted.