Gerringong Housing Aboriginal Corporation v Williams

The Gerringong Housing Aboriginal Corporation sought to terminate a residential tenancy agreement with the tenant, Williams. The dispute was heard by the Civil and Administrative Tribunal of New South Wales. The landlord argued that the tenancy agreement was a social housing tenancy agreement and, as such, was not subject to the standard grounds for termination of a residential tenancy agreement under the Residential Tenancies Act 2010 (NSW). The tenant claimed that the notice of termination was retaliatory and therefore invalid.

The central issue before the tribunal was whether the tenancy agreement was a social housing tenancy agreement. If it was, the landlord's 90-day no grounds termination notice would be invalid, and the tenancy could not be terminated. If it was not, the notice would be valid, and the tenancy could be terminated. The tribunal had to determine whether the words “social housing provider” in the Act included the Gerringong Housing Aboriginal Corporation.

The tribunal found that the Gerringong Housing Aboriginal Corporation was not a social housing provider within the meaning of the Act. The tribunal held that the corporation was not an entity that provided social housing as its primary function and therefore did not fall within the definition of “social housing provider”. The tribunal concluded that the tenancy agreement was not a social housing tenancy agreement, and the landlord's 90-day no grounds termination notice was valid. The tribunal terminated the residential tenancy agreement and ordered that possession be given to the landlord on a specified date. The order for possession was suspended until a later date to allow the tenant to vacate the premises. The tenant was also ordered to pay a daily occupation fee until the premises were vacated. The tribunal further ordered that any application for costs be filed and served within specified timeframes and that the tribunal may dispense with a hearing in relation to any application for costs.