CM v COMMISSIONER FOR SOCIAL HOUSING (Residential Tenancies)

The applicant, CM, lodged an application with the Civil and Administrative Tribunal of New South Wales seeking relief under the Residential Tenancies Act 2010 (NSW). The respondent, Commissioner for Social Housing, opposed the application on the basis that CM had breached the tenancy agreement by failing to pay rent, engaging in anti-social behaviour, and failing to keep the premises in a clean and sanitary condition. The application was heard by the Tribunal, which had to determine whether CM had breached the tenancy agreement and, if so, whether the breaches warranted a termination of the lease or an order for CM to remedy the breaches.

The Tribunal considered whether CM had breached the tenancy agreement and, if so, whether the breaches warranted a termination of the lease or an order for CM to remedy the breaches. The Tribunal also had to consider whether the evidence presented was sufficient to establish the breaches and whether the breaches were serious enough to warrant the relief sought by the Commissioner. The Tribunal noted that the breaches of the tenancy agreement were not in dispute. The issue was whether the breaches were serious enough to warrant a termination of the lease or an order for CM to remedy the breaches.

The Tribunal found that the breaches of the tenancy agreement were serious enough to warrant a termination of the lease. The Tribunal noted that CM had not provided any evidence to rebut the Commissioner's evidence and that the breaches had a significant impact on the other tenants in the building. The Tribunal also found that the breaches were not isolated incidents but rather part of a pattern of behaviour that had been ongoing for some time. The Tribunal concluded that the breaches were serious enough to warrant a termination of the lease.

The Tribunal ordered that the application be dismissed and that a person must not publish any information about this matter or any evidence provided during the proceedings that will identify the name of the applicant. The Tribunal also ordered that the lease be terminated and that CM vacate the premises within 14 days. The Tribunal noted that the order for termination of the lease was necessary to protect the other tenants in the building and to ensure that the premises were not used for anti-social behaviour.