Zhang v Duggal [2019] NSWCATCD 82

Zhang v Duggal [2019] NSWCATCD 82

The preconditions to termination under section 86 of the Residential Tenancies Act 2010 were satisfied as the landlord had entered into a contract of sale requiring vacant possession, served appropriate notice, and the tenant failed to vacate. The Tribunal ordered termination and possession to the landlord effective 20 August 2019, granting the tenant extra time but not extending past the settlement date to avoid prejudicing the landlord or the purchasers.

Parties
Landlord: Xiaowei Zhang; Tenant: Rohit Duggal
Jurisdiction
Australia
Judgment Date
15 August 2019
Procedural Posture
Application for Termination and Possession / Final Decision
Outcome
The tenancy is terminated from 20 August 2019; possession to landlord; daily occupation fee ordered for post-termination occupation; liberty to relist on quantum of fee within 60 days.
Legal Topics
Termination on Ground of Sale, Possession Orders, Section 86 Residential Tenancies Act 2010
Residential Tenancy Law Termination on Ground of Sale Possession Orders Section 86 Residential Tenancies Act 2010

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Parties

Xiaowei Zhang

Landlord

Rohit Duggal

Tenant

Procedural Posture

Application for Termination and Possession / Final Decision

Legal Issues

  1. 1 Whether landlord is entitled to terminate the residential tenancy agreement for sale of the premises under section 86 of the Residential Tenancies Act 2010
  2. 2 Whether sufficient notice was provided under section 86
  3. 3 Whether the tenant should be granted an extension of time to vacate

Ratio Decidendi

The preconditions to termination under section 86 of the Residential Tenancies Act 2010 were satisfied as the landlord had entered into a contract of sale requiring vacant possession, served appropriate notice, and the tenant failed to vacate. The Tribunal ordered termination and possession to the landlord effective 20 August 2019, granting the tenant extra time but not extending past the settlement date to avoid prejudicing the landlord or the purchasers.

Court Disposition

The tenancy is terminated from 20 August 2019; possession to landlord; daily occupation fee ordered for post-termination occupation; liberty to relist on quantum of fee within 60 days.

Orders

  • The Residential Tenancy Agreement is terminated in accordance with section 86 of the Residential Tenancies Act 2010 as the landlord has served a termination notice and entered into contract for sale of the premises.
  • The Residential Tenancy Agreement is terminated on 20 August 2019 and possession is to be given to the landlord on the date of termination.