NSW Land and Housing v Johnson [2014] NSWCATCD 10

NSW Land and Housing v Johnson [2014] NSWCATCD 10

The breach by the tenant—assaulting a neighbour—was serious, recurrent, and had significant adverse effects on neighbouring residents. The Tribunal was not satisfied the tenant remedied the breach and found significant uncertainty and risk remains. The seriousness of the breach and landlord's responsibility to other...

Source-derived case information.

Parties
Applicant: NSW Land and Housing; Respondent: Stanley Johnson
Jurisdiction
Australia
Judgment Date
09 January 2014
Procedural Posture
Application for Termination and Possession of Residential Premises / Final Decision
Outcome
tenancy terminated; possession granted to landlord
Legal Topics
Termination of Tenancy for Breach, Nuisance, Possession Orders, Social Housing Obligations, Tenant Misconduct
Residential Tenancy Social Housing Consumer and Commercial Law Termination of Tenancy for Breach Nuisance Possession Orders Social Housing Obligations Tenant Misconduct

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Parties

NSW Land and Housing

Applicant

Stanley Johnson

Respondent

Procedural Posture

Application for Termination and Possession of Residential Premises / Final Decision

Legal Issues

  1. 1 Whether the tenant's breach justifies termination of the residential tenancy agreement under s 87 of the Residential Tenancies Act 2010
  2. 2 Whether termination should proceed given the tenant's personal circumstances and medical issues under s 152 of the Residential Tenancies Act 2010

Ratio Decidendi

The breach by the tenant—assaulting a neighbour—was serious, recurrent, and had significant adverse effects on neighbouring residents. The Tribunal was not satisfied the tenant remedied the breach and found significant uncertainty and risk remains. The seriousness of the breach and landlord's responsibility to other tenants outweighed the tenant's mitigating personal circumstances, justifying termination.

Court Disposition

tenancy terminated; possession granted to landlord

Orders

  • The tenancy is terminated in accordance with section 87 of the Residential Tenancies Act 2010.
  • The tenancy is terminated on 28 February 2014 and possession is to be given to the landlord on that date.