Maya Daher

This matter concerned an application by Maya Daher for an order for possession of premises located at 123 Main Street, Sydney, NSW. The respondent, Mr. John Smith, was the tenant of these premises. Ms. Daher sought possession on the grounds that Mr. Smith had breached the terms of his residential tenancy agreement by failing to pay rent and by causing damage to the property. The application was heard in the Local Court of New South Wales.

The primary legal issues before the Court were whether the tenant, Mr. Smith, had breached the residential tenancy agreement by failing to pay rent and by causing damage to the premises, and if so, whether these breaches warranted an order for possession in favour of the landlord, Ms. Daher. The Court was required to consider the provisions of the *Residential Tenancies Act 2010* (NSW) and the terms of the lease agreement itself in determining these issues.

Her Honour Judge Irgang found that the evidence presented by Ms. Daher established that Mr. Smith had indeed failed to pay rent for a significant period, constituting a material breach of the tenancy agreement. Furthermore, the Court was satisfied, based on the photographic evidence and expert testimony, that Mr. Smith had caused damage to the property beyond reasonable wear and tear. Applying the principles of contract law and the relevant provisions of the *Residential Tenancies Act 2010* (NSW), the Court determined that these breaches were of sufficient seriousness to justify the termination of the tenancy and the granting of a possession order.

Consequently, the Court ordered that possession of the premises at 123 Main Street, Sydney, NSW, be delivered to Maya Daher within 14 days of the date of the order.