CORKERY & COMMISSIONER for SOCIAL HOUSING in the ACT (Residential Tenancies)

In this appeal, the appellant, Corkery, contested the decision of the Residential Tenancies Tribunal which terminated their tenancy and issued a warrant of eviction. The Tribunal had found that the appellant had breached the terms of their Residential Tenancies Agreement and ordered the termination of the tenancy. The appellant sought to appeal the decision of the Tribunal, claiming that the Tribunal had not considered all relevant material and had erred in law.

The key legal issues before the court were whether the Tribunal had considered all material issues relevant to the decision, whether the Tribunal had erred in law by failing to consider certain matters, and whether there was any ground to set aside the Tribunal’s decision on the basis of Wednesbury unreasonableness. The appellant also argued that the Tribunal was functus officio in making the decision as certain steps were not completed prior to the termination of the tenancy.

The court found that the Tribunal had considered all relevant material and that there was no error in the decision. The court held that the Tribunal had not erred in finding that the appellant had breached the terms of the Residential Tenancies Agreement and that the decision to terminate the tenancy was not Wednesbury unreasonable. The court also found that the Tribunal had not acted outside its jurisdiction and that there was no ground to set aside the decision. The court dismissed the appeal and confirmed the decision of the Tribunal to terminate the tenancy and grant a warrant of eviction. The court ordered that the tenancy be terminated, possession be given to the lessor, and the appellant vacate the premises by a certain date. The court also ordered the appellant to pay an occupation fee, rental arrears, and to remove all goods from the premises.