Commissioner for Social Housing in the Act v Pearce

The case before the Australian Capital Territory Civil and Administrative Tribunal (ACAT) involves the Commissioner for Social Housing in the ACT (applicant) and Mr Wayne Norton Pearce (respondent). The applicant seeks to terminate the residential tenancy agreement between the parties and obtain possession of the premises. Mr Pearce, who was remanded in custody, has not vacated the premises as required by the notice to vacate served by the applicant on 8 April 2013.

The primary legal issue before the court was whether ACAT should exercise its discretion under section 47 of the Residential Tenancies Act 1997 (RT Act) to make a termination and possession order. This section allows ACAT to make such an order if certain conditions are met, including that a valid termination notice has been served and the tenant has not vacated the premises. However, the court must also consider whether there are any factors that might warrant refusing to make the order. The applicant argued that the discretion was limited and could only be refused if there were clear factors that would compromise the requirements of the RT Act or natural justice.

In its decision, ACAT considered the circumstances of the respondent, including his expected release date from custody, his participation in behaviour management courses, and the potential impact of eviction on his parole application. The applicant had also provided evidence of its intention to work with the respondent to find alternative accommodation and the strong need to re-lease the property due to high demand for public housing. ACAT ultimately decided to exercise its discretion to make a termination and possession order, acknowledging the applicant’s need to re-lease the property and the availability of alternative accommodation for the respondent.

The final orders of the court were that the applicant is granted a termination and possession order for the premises, with the respondent required to vacate the premises by a specified date.