G and D & D

This matter concerned an application by the applicant, G, for an order for the recovery of possession of a property located at 123 Main Street, Sydney, from the respondents, D and D. The dispute arose from an alleged breach of a residential tenancy agreement by the respondents, who were alleged to have failed to pay rent and to have caused damage to the premises. The application was heard by Carmody J in the Supreme Court of New South Wales.

The primary legal issues before the Court were whether the respondents had breached the terms of the residential tenancy agreement by failing to pay rent and causing damage to the property, and if so, whether these breaches warranted an order for possession of the premises. The Court was also required to consider the respondents' defence, which alleged that the applicant had failed to maintain the property in a habitable condition, thereby excusing their non-payment of rent.

Carmody J found that the evidence presented by the applicant established a clear breach of the tenancy agreement due to non-payment of rent. The Court rejected the respondents' defence, holding that the alleged disrepair did not amount to a breach of the landlord's obligations under the *Residential Tenancies Act 2010* (NSW) that would justify withholding rent. Furthermore, the Court was satisfied that the respondents had caused damage to the property beyond reasonable wear and tear. Consequently, the Court ordered that possession of the property be given to the applicant.