Commonwealth of Australia (As Represented BY the Department of Infrastructure and Regional Development) v Kenney

The Commonwealth of Australia, represented by the Department of Infrastructure and Regional Development, sought to terminate a periodic tenancy agreement for premises occupied by Mr. Kenney. The dispute concerned the validity of the termination notice issued under section 85 of the *Residential Tenancies Act 2010* (NSW), given that Mr. Kenney had occupied the premises for less than 20 years. The matter was heard by Judge Smith.

The primary legal issue before the court was whether the Commonwealth was entitled to terminate the periodic tenancy agreement and obtain an order for vacant possession of the premises. This involved determining the predominant use of the premises and whether the notice of termination complied with the requirements of the *Residential Tenancies Act 2010* (NSW). A secondary issue concerned whether the proceedings had been properly constituted.

Judge Smith found that the Commonwealth had established its right to terminate the tenancy agreement. The court reasoned that the predominant use of the premises was for residential purposes, which satisfied the conditions for termination under section 85 of the Act. While the original tenancy agreement had expired, the subsequent periodic tenancy was subject to the provisions of the Act. The court granted the termination of the tenancy agreement and an order for vacant possession, but suspended the operation of this order.