Willis v Charles [2016] NSWCATAP 164

Willis v Charles [2016] NSWCATAP 164

Where a notice of termination relies on both end of fixed term and breach grounds, the tenant is entitled to select the ground most favourable, and is not liable for rent past the date they delivered vacant possession consistent with that ground. Appeal allowed in part regarding rent arrears; tenants not liable for rent beyond date of giving vacant possession.

Jurisdiction
Australia
Judgment Date
07 June 2016
Procedural Posture
Internal Appeal / Appeal Decision
Outcome
Appeal allowed in part
Legal Topics
['vacant Possession' 'rental Arrears' 'compensation for Fixtures' 'utility Charges']
['residential Tenancies' 'civil Procedure'] ['vacant Possession' 'rental Arrears' 'compensation for Fixtures' 'utility Charges']

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Procedural Posture

Internal Appeal / Appeal Decision

Legal Issues

  1. 1 ['Whether tenants were liable for rent after giving vacant possession under a notice relying on both fixed term expiry and breach grounds' 'Whether tenants were liable for costs of replacing toilet seat' 'Whether tenants were liable for solar electricity bill']

Ratio Decidendi

Where a notice of termination relies on both end of fixed term and breach grounds, the tenant is entitled to select the ground most favourable, and is not liable for rent past the date they delivered vacant possession consistent with that ground. Appeal allowed in part regarding rent arrears; tenants not liable for rent beyond date of giving vacant possession.

Court Disposition

Appeal allowed in part

Orders

  • ['Orders made at first instance on 29 March 2016 are set aside' 'Tenants Karenessa Willis and Peter Willis to pay landlord Robert S Charles $311.19' 'Rental Bond Services directed to pay landlord $311.19 from rental bond number P167107-9; any amount received to be credited against the above money order' 'Balance of...