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

The case involved an appeal by the appellant, a tenant, against the termination of their residential tenancy agreement with the respondent, a social housing provider. The dispute was heard by the ACT Civil and Administrative Tribunal (ACAT), specifically by Acting Presidential Member MR C.G Chenoweth. The appellant, who had accumulated significant rent arrears, sought to have the original termination order replaced with a conditional termination and possession order that would allow them time to pay off the arrears and continue the tenancy.

The legal issues before the court were whether the tribunal could be reasonably satisfied that the appellant could pay the arrears of rent over an extended period and comply with their obligations under the lease, and if so, whether it was appropriate to grant a conditional termination and possession order. The court had to consider the appellant's personal circumstances, their efforts to address their issues, and the potential consequences of termination, including homelessness for the appellant and their children.

The court found that the appellant had made efforts to address their personal problems, had obtained employment, and had complied with the orders for payment of rent and a contribution towards back rent. The appellant's personal circumstances, including the need to maintain a home for their daughter with a brain injury, warranted sympathy. The court determined that it could be reasonably satisfied that there was a reasonable expectation of future compliance with the tenancy and a nominated contribution to repay the arrears, based on the appellant's performance over the last three months and the steps taken to engage support and counselling services. The court stressed the importance of complying with the obligations to avoid homelessness and to continue addressing personal issues.

The outcome was that the original termination order was replaced with a conditional termination and possession order, allowing the appellant time to pay off the arrears and continue the tenancy, subject to certain conditions being met. If the appellant failed to comply with any of the conditions, the tenancy would terminate, and the respondent would be entitled to vacant possession of the premises. The order would expire on 2 August 2011, and if the appellant continued to live at the premises after the termination of the tenancy, the respondent could apply for a warrant for the eviction of the appellant.