Huang v Sinclair

In the matter of Huang v Sinclair, the Civil and Administrative Tribunal of New South Wales considered an application for the termination of a residential tenancy agreement. The landlord, Sinclair, sought termination based on the tenant, Huang's, threatening and abusive behaviour, which included serious threats, abuse, intimidation, and harassment. The dispute arose under the Residential Tenancies Act 2010, where the Tribunal had the authority to terminate a tenancy on the grounds of serious threats, abuse, or harassment by a tenant.

The primary legal issue before the Tribunal was whether the conduct of the tenant, Huang, warranted termination of the tenancy agreement under section 92 of the Act. This required determining if Huang's actions were intentional and serious enough to justify such a drastic measure. Additionally, the Tribunal had to consider procedural matters regarding the tenant's request for an adjournment to obtain legal representation and the adequacy of the service of the Notice of Hearing.

The Tribunal found that Huang's conduct, including threats and harassment towards Sinclair and the landlord's agent, was intentional and serious. The Tribunal noted that while there was evidence suggesting Huang had a mental illness, there was no proof that his actions were non-intentional due to this condition. Regarding the adjournment request, the Tribunal concluded that Huang had not made a reasonable effort to obtain legal representation despite the availability of a tenant advocate. The Tribunal also determined that the Notice of Hearing was appropriately served and that justice required the matter to be heard and determined in Huang's absence. Therefore, the Tribunal refused the adjournment request and proceeded to terminate the tenancy agreement.

In its orders, the Tribunal confirmed the proper service of the Notice of Hearing and the appropriateness of proceeding in Huang's absence. It refused the adjournment request and terminated the tenancy agreement, effective 13 February 2017, with possession to be given to Sinclair on that date. The order for possession was suspended until 20 February 2017. The landlord was also directed to inform the tenant of these orders by delivering a written notice by a specified date. Additionally, the landlord could request relisting of the application to determine the occupation fee within 60 days of the possession date.