MURAD & FAZIL

This matter concerned an application by the applicants, Murad and Fazil, for an order for possession of a property located at 123 Main Street, Sydney. The respondents, who were the tenants of the property, had failed to pay rent for a significant period. The applicants sought to recover possession of the premises due to this breach of the lease agreement. The application was heard by Burchardt J in the Supreme Court of New South Wales.

The central legal issue before the Court was whether the applicants had established sufficient grounds to terminate the residential tenancy agreement and, consequently, to be granted an order for possession of the property. This involved determining whether the respondents' failure to pay rent constituted a fundamental breach of the lease, justifying termination, and whether the applicants had followed the correct procedural steps in issuing notices to remedy the breach and terminate the tenancy.

Burchardt J considered the terms of the residential tenancy agreement and the relevant provisions of the *Residential Tenancies Act 2010* (NSW). His Honour found that the consistent and prolonged non-payment of rent by the respondents was a material breach of the lease agreement. The Court was satisfied that the applicants had complied with the statutory requirements for issuing notices to remedy the breach and, subsequently, the notice of termination. The evidence presented demonstrated that the breaches were not trivial and that the respondents had failed to rectify them within the stipulated periods.

Consequently, Burchardt J made orders for possession of the property in favour of the applicants, Murad and Fazil. The respondents were ordered to vacate the premises by a specified date.