Fowler v Fowler [2022] NSWCATCD 138

Fowler v Fowler [2022] NSWCATCD 138

There is a residential tenancy agreement between the parties; the respondent had right to occupy for value and there was intention to create legal relationship. Pre-conditions for termination under section 94 are satisfied, and it is appropriate to order termination, with an extended period allowed for vacant possession due to respondent's long-term occupation and hardship considerations.

Parties
Applicant: James Fowler; Respondent: Jeffrey Fowler
Jurisdiction
Australia
Judgment Date
07 September 2022
Procedural Posture
Residential Tenancy Termination / Final Decision
Outcome
Tenancy terminated; possession to landlord after extended period
Legal Topics
Termination of Long Term Tenancy, Existence of Residential Tenancy Agreement
Tenancy Law Termination of Long Term Tenancy Existence of Residential Tenancy Agreement

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Parties

James Fowler

Applicant

Jeffrey Fowler

Respondent

Procedural Posture

Residential Tenancy Termination / Final Decision

Legal Issues

  1. 1 Whether a residential tenancy agreement exists between the parties
  2. 2 Whether the tenancy should be terminated under section 94 of the Residential Tenancies Act 2010 (NSW)
  3. 3 Determination of date for vacant possession

Ratio Decidendi

There is a residential tenancy agreement between the parties; the respondent had right to occupy for value and there was intention to create legal relationship. Pre-conditions for termination under section 94 are satisfied, and it is appropriate to order termination, with an extended period allowed for vacant possession due to respondent's long-term occupation and hardship considerations.

Court Disposition

Tenancy terminated; possession to landlord after extended period

Orders

  • The tenancy agreement is terminated on 7 February 2023, and possession is to be given to the landlord on that day.