IN THE MATTER OF RT 732/2017 (Residential Tenancies)

In the matter of an application for a new residential tenancy agreement, the applicant sought a determination from the Civil and Administrative Tribunal of New South Wales regarding the applicability of family violence and protection order provisions to the Commissioner for Social Housing. The applicant, who had previously been a tenant of the Commissioner, sought to establish a new residential tenancy agreement with the Commissioner in relation to a specified premises. The core issue before the Tribunal was whether the provisions of family violence and protection orders applied to the Commissioner in this context.

The legal issues that the Tribunal needed to address were primarily concerned with the interpretation and application of the relevant statutory provisions regarding residential tenancies, particularly those that pertain to family violence and protection orders. The Tribunal had to determine whether these provisions could be extended to the Commissioner for Social Housing in the circumstances presented. The applicant argued that the protection order provisions should apply to the Commissioner, while the Commissioner contended that these provisions did not extend to the authority in question.

In reaching its decision, the Tribunal examined the relevant legislation and case law to interpret the scope of the provisions in question. The Tribunal concluded that the provisions concerning family violence and protection orders did indeed apply to the Commissioner for Social Housing in the context of establishing a new residential tenancy agreement. Based on this interpretation, the Tribunal found in favour of the applicant, directing the Commissioner to enter into a new residential tenancy agreement with the applicant. The Tribunal also ordered that the existing residential tenancy agreement would terminate upon the execution of the new agreement, as per the statutory requirements. The Tribunal further granted liberty to relist if the matter was not resolved within 14 days.