COMMISSIONER FOR SOCIAL HOUSING V TRPCEVSKI (Residential Tenancies)

In the matter of Commissioner for Social Housing versus Trcevski, the dispute revolved around the termination of a residential tenancy agreement due to alleged breaches. The ACT Civil and Administrative Tribunal was tasked with determining whether the actions of the tenant warranted such a drastic measure. Specifically, the dispute centred on whether the tenant's conduct, particularly the nuisance caused by his dogs, constituted a significant interference with the quiet enjoyment of nearby occupiers, thus justifying termination of the tenancy.

The Tribunal considered whether the tenant's actions constituted a substantial breach of the residential tenancy agreement. The primary issue was whether the tenant's dogs caused such a disturbance that it justified the termination of the tenancy. The Tribunal also had to decide whether the interference with the quiet enjoyment of the neighbouring occupants was significant enough to warrant a discretionary order for termination.

The Tribunal concluded that the tenant's conduct, primarily the disturbance caused by his dogs, did indeed constitute a substantial breach of the residential tenancy agreement. The Tribunal found that the noise and disturbance created by the dogs interfered with the quiet enjoyment of the neighbouring occupants to a significant degree. As a result, the Tribunal exercised its discretion to terminate the tenancy. The Tribunal also ordered that the operation of the termination be suspended until 5pm on 14 July 2016, giving the tenant a chance to vacate the premises. Failure to vacate would allow the Commissioner to request a warrant for eviction.