Negus t/a Run Property v Newell

The matter in dispute involved a tenancy issue between the tenant, Newell, and the landlord, Run Property, trading as Negus. The landlord sought relief from the Civil and Administrative Tribunal of New South Wales, which was dismissed by the Tribunal on 16 July 2010. The landlord then appealed this decision to the Supreme Court of New South Wales.

The central issue before the court was whether the landlord's notice to terminate the lease was valid. The landlord had issued a notice to leave without first issuing a notice to remedy breach, which is a requirement under the Residential Tenancies Act 2010 (NSW). The court had to determine whether this procedural error invalidated the notice to leave, and consequently, whether the landlord was entitled to terminate the lease.

The court found that the landlord's failure to issue a notice to remedy breach prior to issuing the notice to leave rendered the latter invalid. This was in line with the statutory requirements outlined in the Act, which mandates that a landlord must give a tenant the opportunity to remedy a breach before terminating the lease. As a result, the court set aside the Tribunal's decision and ruled in favour of the tenant, ordering that the landlord pay the tenant $1,522.00 by 30 June 2011. The court also granted the landlord leave to appeal the decision.