Servaas v Taylor [2015] NSWCATCD 154

Servaas v Taylor [2015] NSWCATCD 154

Although an oral residential tenancy agreement existed, the 14 October 2015 letter did not include the mandatory information required by section 88(3) of the Residential Tenancies Act 2010. In the circumstances, including the informality of the tenancy, the miscalculation of arrears and the absence of an application...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
30 December 2015
Procedural Posture
Residential Tenancy Application / Hearing of Application for Termination, Possession and Water Usage Charges
Outcome
The application for termination and possession was dismissed, and the claim for payment of water usage charges was dismissed.
Legal Topics
['termination of Residential Tenancy Agreement' 'possession of Premises' 'non Payment of Rent' 'defect in Termination Notice' 'water Usage Charges']
['residential Tenancy Law'] ['termination of Residential Tenancy Agreement' 'possession of Premises' 'non Payment of Rent' 'defect in Termination Notice' 'water Usage Charges']

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Procedural Posture

Residential Tenancy Application / Hearing of Application for Termination, Possession and Water Usage Charges

Legal Issues

  1. 1 ['Whether the oral agreement between the parties was a residential tenancy agreement under the Residential Tenancies Act 2010.' 'Whether the notice of termination for non-payment of rent complied with section 88 of the Residential Tenancies Act 2010.' 'Whether the defect in the termination notice could be cured under section 113 of the Residential Tenancies Act 2010.' 'Whether the respondent was liable to pay water usage charges.']

Ratio Decidendi

Although an oral residential tenancy agreement existed, the 14 October 2015 letter did not include the mandatory information required by section 88(3) of the Residential Tenancies Act 2010. In the circumstances, including the informality of the tenancy, the miscalculation of arrears and the absence of an application to extend time for older arrears, the Tribunal was not satisfied that it was appropriate to cure the defect under section 113 or that the respondent suffered no disadvantage. The Tribunal also was not satisfied that the premises were water efficiency compliant, so the respondent was not obliged to pay water usage charges.

Court Disposition

The application for termination and possession was dismissed, and the claim for payment of water usage charges was dismissed.

Orders

  • ['The application for termination and possession is dismissed.' 'The claim for payment of water usage charges is dismissed.']