NSW Land and Housing Corporation (applicant); Connie Brown (respondent)

The NSW Land and Housing Corporation sought to recover unpaid rental arrears from Connie Brown, who was a tenant at one of their properties. The dispute was heard and determined by the NSW Civil and Administrative Tribunal. The primary issue before the Tribunal was whether the respondent had a valid defence to the applicant's claim for arrears and whether the applicant's application for possession should be granted. The respondent argued that the applicant had breached the lease by entering her property without notice and that this constituted a repudiation of the lease, thereby absolving her of her obligations under the lease agreement.

The Tribunal held that the applicant had not breached the lease by entering the property, and therefore, the respondent's argument that the lease had been repudiated was rejected. The Tribunal found that the respondent was liable for the unpaid rental arrears and that the applicant was entitled to an order for possession. However, the Tribunal suspended the order for possession until 28 February 2015 to give the respondent an opportunity to catch up on her payments. This decision provides guidance on the circumstances in which a tenant may be absolved of their rental obligations and the factors that a Tribunal will consider when deciding whether to grant an order for possession.