Commissioner for Social Housing v Krutsky (Residential Tenancies)

The case before the Tribunal involved the Commissioner for Social Housing, acting as the lessor, and Mr Krutsky, the tenant. The dispute centred on the termination of a residential tenancy agreement due to allegations of serious and threatening acts of violence by Mr Krutsky. The matter was heard in the ACT Civil and Administrative Tribunal. The Tribunal was required to determine whether the termination of the tenancy and the subsequent possession order were justified under the Residential Tenancies Act 1997, and if the order was proportionate under the Human Rights Act 2004.

The legal issues before the Tribunal included whether the acts of violence by Mr Krutsky constituted grounds for termination under section 51(d) of the Act, and whether the order for termination and possession was disproportionate and therefore arbitrary under section 28 of the Human Rights Act. The Tribunal noted that while it was not appropriate to consider whether the order was unlawful, it was necessary to assess whether the effect upon Mr Krutsky was disproportionate and arbitrary. The Tribunal found that the interference with the quiet enjoyment of nearby premises was ongoing and would increase if the termination and possession order were not made. It concluded that the order was not disproportionate or arbitrary, as the interference with the quiet enjoyment of nearby premises significantly outweighed any detriment to Mr Krutsky.

The Tribunal dismissed the application for an adjournment and ordered the immediate termination of the residential tenancy agreement. It required Mr Krutsky to vacate the premises immediately, with the operation of the order stayed until 4:00pm on 14 September 2023. If Mr Krutsky failed to vacate the premises, the lessor could request the Registrar of the ACT Civil and Administrative Tribunal to issue a warrant for eviction. The Tribunal's decision was based on the significant interference with the quiet enjoyment of nearby premises, which it found to be a compelling reason for the termination and possession order.