Munday v Munday (Residential Tenancies)

In this case, the dispute between Munday and Munday was heard by the Residential Tenancies Tribunal. The matter involved a termination and possession order in relation to a residential tenancy agreement. The tenant argued for a suspension of the termination and possession order to allow for hardship considerations.

The primary legal issue was whether the Tribunal should exercise its discretion to suspend the termination and possession order for a period of three weeks. The tenant submitted that a suspension would alleviate hardship, including the difficulty in finding alternative accommodation and the potential impact on the children involved.

The Tribunal considered the evidence and submissions presented. It determined that while the tenant had presented a case of hardship, the circumstances did not warrant a suspension of the order. The Tribunal concluded that the tenant had not demonstrated sufficient grounds for the exercise of discretion to suspend the order. Consequently, the Tribunal upheld the termination and possession order, mandating that the tenant vacate the premises by a specific date.