Commissioner for Social Housing v CC (Residential Tenancies)

The case involved the Commissioner for Social Housing as the applicant and CC as the respondent. The dispute centred around a termination and possession order issued under the Residential Tenancies Act. The Tribunal was tasked with determining whether the termination and possession order, which had been affirmed by the Local Court, should be set aside. The applicant argued that the respondent had intentionally damaged the property, constituting serious damage and justifying the termination of the tenancy. The respondent contended that the order should be set aside due to exceptional circumstances, including the arbitrary interference with her home and the lack of evidence of intentional or reckless behaviour.

The primary legal issue was whether the Tribunal had the discretion to set aside the termination and possession order on the grounds of exceptional circumstances, particularly considering the respondent’s claim of arbitrary interference with her home. The court also had to assess whether the evidence supported a finding of intentional or reckless behaviour that warranted serious damage to the property. Furthermore, the court examined the definition of ‘exceptional circumstances’ and how it applied to the respondent’s situation.

The Tribunal found that the evidence did not support the respondent’s claims of arbitrary interference with her home. It determined that the respondent had not demonstrated any exceptional circumstances that warranted setting aside the termination and possession order. The Tribunal noted that the respondent’s argument lacked substantiation and did not meet the threshold for exceptional circumstances. Consequently, the Tribunal upheld the termination and possession order, affirming the Local Court’s decision and ordering the warrant of possession to issue not before 5 May 2017.