Rezay v Wang [2021] NSWCATCD 80

Rezay v Wang [2021] NSWCATCD 80

The Tribunal was not satisfied that the landlord's termination notice was an act of reprisal or revenge for the exercise of any genuine right by the tenant. Rather, the landlord exercised a legitimate entitlement to issue a no-grounds notice following a complete breakdown in the relationship, and the landlord's conduct was not morally indefensible. The tenant's basis for refusing access was misconceived, and the notice was not a retaliatory notice within the meaning of section 115.

Jurisdiction
Australia
Judgment Date
17 August 2021
Procedural Posture
Application Under Residential Tenancies Act 2010 (nsw) / Final Decision – Refusal of Application
Outcome
Application refused
Legal Topics
['residential Tenancy' 'retaliatory Evictions' 'termination Notices' 'right of Access' 'relationship Breakdown']
['landlord and Tenant'] ['residential Tenancy' 'retaliatory Evictions' 'termination Notices' 'right of Access' 'relationship Breakdown']

Case Brief

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Procedural Posture

Application Under Residential Tenancies Act 2010 (nsw) / Final Decision – Refusal of Application

Legal Issues

  1. 1 ['Whether the termination notice was a retaliatory notice under section 115 of the Residential Tenancies Act 2010 (NSW)' "Whether the landlord's actions were morally wrongful or an abuse of superior title in response to tenant's exercise of rights"]

Ratio Decidendi

The Tribunal was not satisfied that the landlord's termination notice was an act of reprisal or revenge for the exercise of any genuine right by the tenant. Rather, the landlord exercised a legitimate entitlement to issue a no-grounds notice following a complete breakdown in the relationship, and the landlord's conduct was not morally indefensible. The tenant's basis for refusing access was misconceived, and the notice was not a retaliatory notice within the meaning of section 115.

Court Disposition

Application refused

Orders

  • ['By consent, an oral hearing is dispensed with.' 'The application is refused.']