Lessor 123 v Tenant 123A & Tenant 123B (Residential Tenancies)

In the Australian Capital Territory Civil and Administrative Tribunal, the case of Lessor 123 v Tenant 123A & Tenant 123B involved an application by the lessor to terminate a fixed-term tenancy. The lessor argued that the tenants' continued occupation of the rented property posed a significant risk to their personal safety, and this risk outweighed the potential hardship the tenants might face if evicted. The tenants, on the other hand, argued that they would likely become homeless if evicted and that their financial circumstances were precarious.

The legal issues before the Tribunal included determining whether the lessor had demonstrated significant hardship that justified terminating the tenancy and whether the hardship faced by the tenants, if evicted, was so significant as to warrant denying the lessor’s application. The Tribunal had to consider the respective hardships of both parties and balance these in making its decision.

The Tribunal found that while the lessor's safety concerns were valid, the tenants' potential homelessness and financial hardship were also significant. The Tribunal was persuaded that the competing hardships presented a difficult balancing exercise. Ultimately, the Tribunal concluded that the lessor had not demonstrated that their hardship was so significant as to outweigh the hardship that the tenants would face if evicted. The application for termination of the tenancy was dismissed.

The Tribunal also made orders to protect the privacy of the parties, restricting access to the file and prohibiting the publication or disclosure of any information that might identify the parties, the premises, the occupants, or any witnesses.