COMMISSIONER for SOCIAL HOUSING in the ACT & JORDAN (Residential Tenancies)

The case between the Commissioner for Social Housing in the ACT and Mr Jordan, a tenant, was heard by the ACT Magistrates Court. The Commissioner sought a termination and possession order against Mr Jordan, citing breaches of his tenancy agreement and other statutory provisions. Mr Jordan contested the allegations and defended his actions, arguing that the breaches were minor and not sufficient to warrant termination of the tenancy.

The court had to decide whether the breaches of the tenancy agreement by Mr Jordan were significant enough to justify the termination of his tenancy. This involved examining the nature and seriousness of the alleged breaches, as well as considering whether the Commissioner had followed the appropriate procedures in seeking to terminate the tenancy. The court also needed to determine whether there were any mitigating factors that could influence the outcome of the case.

The court found that the breaches by Mr Jordan were not sufficiently serious to warrant termination of the tenancy. The court took into account the nature of the breaches, the circumstances surrounding them, and the fact that Mr Jordan had taken steps to rectify the issues. The court concluded that the Commissioner had not followed the correct procedures in seeking to terminate the tenancy, and therefore, the application for a termination and possession order was dismissed. The court ordered that the application be dismissed, and no further orders were made.