Ryan v Stanford [2021] NSWCATCD 149

Ryan v Stanford [2021] NSWCATCD 149

The Tribunal found the landlord's termination notice was valid under s 85 of the Residential Tenancies Act 2010 (NSW), and the tenant had not produced evidence required to establish a 20 year tenancy that would require termination under s 94. Therefore termination and possession orders must be made, with the only discretion for the Tribunal being the date for possession.

Jurisdiction
Australia
Judgment Date
17 November 2021
Procedural Posture
Residential Tenancy Dispute / Final Decision
Outcome
Residential Tenancy Agreement terminated and possession to landlord, order for possession suspended until 1 December 2021, daily occupation fee to be paid by tenant from 18 November 2021.
Legal Topics
['termination of Periodic Tenancy' 'termination Order' 'possession' 'notice Requirement']
['residential Tenancies'] ['termination of Periodic Tenancy' 'termination Order' 'possession' 'notice Requirement']

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Procedural Posture

Residential Tenancy Dispute / Final Decision

Legal Issues

  1. 1 ["Whether the landlord's notice terminated the tenancy under s 85 of the Residential Tenancies Act 2010" 'Whether the Tribunal must make a termination and possession order based on the notice' 'Whether sufficient evidence supports the length and nature of tenancy claimed by the tenant']

Ratio Decidendi

The Tribunal found the landlord's termination notice was valid under s 85 of the Residential Tenancies Act 2010 (NSW), and the tenant had not produced evidence required to establish a 20 year tenancy that would require termination under s 94. Therefore termination and possession orders must be made, with the only discretion for the Tribunal being the date for possession.

Court Disposition

Residential Tenancy Agreement terminated and possession to landlord, order for possession suspended until 1 December 2021, daily occupation fee to be paid by tenant from 18 November 2021.

Orders

  • ['The Residential Tenancy Agreement is terminated in accordance with s 85 of the Residential Tenancies Act 2010.' 'The Residential Tenancy Agreement is terminated immediately and possession is to be given to the landlord on the date of termination.' 'The order for possession is suspended until 1 December 2021.' 'The...